TERESA SHEPHERD V MEIJER INC
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STATE OF MICHIGAN
COURT OF APPEALS
TERESA SHEPHERD and EARL SHEPHERD,
UNPUBLISHED
June 6, 1997
Plaintiffs-Appellants,
v
No. 192142
Calhoun Circuit Court
LC No. 95-910 NO
MEIJER, INC.,
Defendant-Appellee.
Before: Corrigan, C.J., and Young and M.J. Talbot*, JJ.
MEMORANDUM.
Plaintiff slipped and fell in a puddle of water on the floor of defendant’s customer restroom as
she emerged from one of the bathroom stalls and began walking toward the sink area to wash her
hands. This negligence action was dismissed on defendant’s motion for summary disposition based on
the open and obvious danger principle. Plaintiff appeals by right. This case is being decided without
oral argument pursuant to MCR 7.214(E).
On these facts, reasonable minds could not differ over whether, granting the openness and
obviousness of the dangerous condition, an unreasonable risk of harm to invitees was presented. The
risk to a normally observant person proceeding with due care for her own safety was too minimal to be
characterized as “unreasonable” and therefore as actionable. Bertrand v Alan Ford, Inc, 449 Mich
606, 614; 537 NW2d 185 (1995).
Affirmed.
/s/ Maura D. Corrigan
/s/ Robert P. Young, Jr.
/s/ Michael J. Talbot
* Circuit judge, sitting on the Court of Appeals by assignment.
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