NYLA WATTS V MICHIGAN MULTI-KING

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STATE OF MICHIGAN COURT OF APPEALS NYLA WATTS, FOR PUBLICATION December 14, 2010 Plaintiff-Appellant, v MICHIGAN MULTI-KING, d/b/a BAHA FRESH, No. 293185 Wayne Circuit Court LC No. 08-121854-NO Defendant-Appellee. Before: WILDER, P.J., and SERVITTO and SHAPIRO, JJ. WILDER, P.J., (concurring). Because I agree with the majority that defendant failed to present evidence to show that the allegedly wet floor was visibly wet, such that it would have been reasonable to expect "an average person of ordinary intelligence" to discover the wet floor condition "upon casual inspection,” O’Donnell v Garasic, 259 Mich App 569, 575; 676 NW2d 213 (2003), I concur in the result reached by the majority. /s/ Kurtis T. Wilder -1-

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