RITA DELOR V VG'S GROCERY AND SPARTAN STORES INC (Concurring Opinion)

Annotate this Case
Download PDF
STATE OF MICHIGAN COURT OF APPEALS RITA DELOR, UNPUBLISHED October 18, 2016 Plaintiff-Appellant, v No. 328179 St. Clair Circuit Court LC No. 14-000950-NO VG’S GROCERY AND SPARTAN STORES, INC., Defendant-Appellee. Before: FORT HOOD, P.J., and GLEICHER and O’BRIEN, JJ. GLEICHER, J. (concurring in part and dissenting in part). Although I agree with the majority’s decision to affirm the trial court, I respectfully disagree with the majority’s analysis. The unrefuted evidence established that plaintiff tripped and fell when her bare toe or the tip of her flip-flop sandal contacted the edge of a normal, runof-the-mill expansion joint in the pavement. The minimally uneven edge of the pavement abutting the expansion joint does not qualify as a defect on the premises and did not present an unreasonable risk of harm. Because plaintiff failed to establish the existence of either a defect or an unreasonably dangerous condition on the premises, the open-and-obvious-danger doctrine has no role to play in this case whatsoever. I respectfully disagree with the majority’s invocation of “open and obvious” as a ground for decision in this case. With that qualification, I nevertheless concur in the result reached by the majority. /s/ Elizabeth L. Gleicher -1-