PAULETTE HELD V NORTH SHORE CONDOMINIUM ASSOCIATION (Dissenting Opinion)
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STATE OF MICHIGAN COURT OF APPEALS PAULETTE HELD, UNPUBLISHED February 4, 2016 Plaintiff-Appellee, v No. 321786 Ingham Circuit Court LC No. 13-000241-NO NORTH SHORE CONDOMINIUM ASSOCIATION, Defendant-Appellant, and PURE GREEN LAWN AND TREE PROFESSIONALS, INC., Defendant. Before: METER, P.J., and BORRELLO and BECKERING, JJ. METER, J. (dissenting). I respectfully dissent. As the old saying goes, “a picture is worth a thousand words.” I have reviewed the photographs of the area where plaintiff fell, and despite the opinions of plaintiff’s experts, I conclude that the plastic landscape edging was open and obvious. The photographs reveal a distinct color difference between the edging and the mulch. In addition, the incident took place during the day and there was no ice or snow. “[A]n average person with ordinary intelligence would have discovered [the edging] upon casual inspection.” Hoffner v Lanctoe, 492 Mich 450, 461; 821 NW2d 88 (2012). Plaintiff only bolstered this conclusion when she testified that “[i]f it was there, I must have seen it.” I would reverse and remand for entry of judgment in favor of North Shore. /s/ Patrick M. Meter -1-
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