Court overturns summary disposition where land-owner provided no evidence that ice was "open and obvious."
Predictably, Judge Henry Saad dissented when the Court of Appeals ruled that Jacquelyn Robbins' injury case against the Village Crest Condominium Association should go to the jury for decision. Judge Saad virtually never votes for any injury claimant or consumer claim and is firmly in the insurance-activist roster. The Court majority reinstated Robbins' claim, holding that her claim of having fallen on black ice was supported by the evidence. The majority noted that she and EMT responders provided evidence supporting her claim to have fallen on ice that wasn't readily visible, and the weather and other records documented the lack of precipitation or ground snow at the time of the fall (or within days). Therefore, the Court could not hold that as a matter of law the ice hazard was "open and obvious" to a casual observer.