Court dismisses another sidewalk case
David Cummings suffered a broken neck while riding his bicycle home after a birthday party. Apparently he had been drinking, however, the Court's opinion does not disclose the basis for this suggestion or any alcohol levels or consumption evidence. In any event, where the Livonia CIty sidewalk swerved around a large tree, Mr. Cummings did not swerve quickly enough and struck a large boulder. He argued that the sidewalk was not reasonably safe for use in the dark.
The Court of Appeals upheld the summary disposition of his claim, finding that regardless of the allegations about lighting, the hazard was "open and obvious" meaning no one owed any duty to sidewalk users to make it "reasonably safe."