CATHERINE J RICHMOND V SIGNATURE ASSOC
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STATE OF MICHIGAN
COURT OF APPEALS
CATHERINE J. RICHMOND,
UNPUBLISHED
December 17, 1996
Plaintiff-Appellant,
v
No. 188889
Oakland County
LC No. 94-487356-NO
SIGNATURE ASSOCIATES, a Michigan
corporation, FIRST OF AMERICA, a
Michigan corporation, and GARDEN
MILIEU, INCORPORATED,
Defendants/
Third-party Plaintiffs-Appellees,
Before: Griffin, P.J., and T.G. Kavanagh* and D.B. Leiber**, JJ.
MEMORANDUM.
In this “trip and fall case,” plaintiffs appeal as of right the trial court’s order granting summary
disposition for defendants pursuant to MCR 2.116(C)(10) on the basis that the alleged defect was
“open and obvious.” We affirm.
Having reviewed the record, we agree with the circuit court’s well-reasoned opinion that the
alleged defect was “open and obvious.” See Novotney v Burger King Corp (On Remand), 198
Mich App 470, 475; 499 NW2d 379 (1993). The photographs submitted by plaintiff in opposition to
the motion for summary disposition sufficiently establish that reasonable minds could not differ in
concluding that, upon casual inspection, an average user of ordinary intelligence would have discovered
the danger posed by the landscape edging. Id; see also Bertrand v Alan Ford, Inc, 449 Mich 606,
610-612, 616-617; 537 NW2d 185 (1995). Accordingly, we affirm the decision of the circuit court
for the reasons stated in its opinion.
Affirmed.
* Former Supreme Court Justice, sitting on the Court of Appeals by
assignment pursuant to Administrative Order 1996-10.
** Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ Richard Allen Griffin
/s/ Thomas Giles Kavanagh
/s/ Dennis B. Leiber
-2
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