Another claim that black ice is "open and obvious" is rejected
Irene Brown was injured when she fell while entering a Taubman owned mall. She sued, alleging that she fell on invisible black ice near the (dark) entrance. The trial court granted the Defendants summary disposition, based on the argument that the black ice (which their own maintenance man testified he could not locate, after the fall, but which the Mall security officer had confirmed) was "open and obvious." Apparently the lower court deemed the invisible ice open and obvious because one witness claimed there was snow in the shrubbery nearby--putting Brown on notice of the possibility of black ice. The Court of Appeals unanimously rejected this outcome, with Judge Saad even joining the opinion. The higher court noted the conflicting testimony regarding the ability to locate [see] the ice as a basis to deny summary disposition.