Collins v. Lowe's Home Centers, LLC, No. 2:2020cv12771 - Document 17 (E.D. Mich. 2022)

Court Description: ORDER granting in part and denying in part 11 Motion for Summary Judgment. Signed by District Judge Terrence G. Berg. (AChu)

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Dockets.Justia.com VENERA DAVID COLLINS ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT LOWE’S HOME CENTERS, LLC GRANTED IN PART I. Collins v. Lowe's Home Centers, LLC DENIED IN PART. BACKGROUND Doc. 17 Id. Id. II. STANDARD OF REVIEW Villegas v. Metro. Gov't of Nashville see also See Anderson v. Liberty Lobby, Inc. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp. Redding v. St. Eward Celotex Corp. v. Catrett Matsushita Street v. J.C. Bradford & Co. In re Morris See Anderson III. ANALYSIS A. Premises liability Lugo v. Ameritech Corp. Bertrand v. Alan Ford, Inc. i. Plaintiff has created a genuine issue of material fact regarding notice Hoffner v. Lanctoe Lowrey v. LMPS & LMPJ, Inc. See Luzier v. Sears Roebuck & Co. Lapczynski v. Wal-Mart Stores Inc. Gresko v. Southland Joint Venture Id. Cf. Lowrey ii. Whether the hazard was “open and obvious” is also a jury question Riddle v. McLouth Steel Prod. Corp. Hoffner Bertrand Hoffner Servs. Bradfield v. Meijer, Inc. Lugo Buhalis v. Trinity Continuing Care Bizyk v. Joe Randazzo's Fruit & Vegetable, Inc. See, e.g. Lapczynski Bahlak v. Target Corp. Shiemke v. Target Corp. when they are specifically looking for one Hoffner B. Negligence person Jahnke v. Allen Schenk v. Mercury Marine Div., Lowe Indus. Clark v. Kmart Corp., Borman Food Stores Serinto v. Buhalis James v. Alberts See Buhalis Barriger v. Bon-Ton Dep't Stores, Inc. See Hall v. IKEA Prop. Inc. England v. Meijer, Inc. C. Statutorily created duty CONCLUSION GRANTED IN PART DENIED IN PART. DENIED GRANTED SO ORDERED

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