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Court upholds summary disposition of tenant's slip and fall case against landlord

In this recent case, the fall victim sued the landlord from whom he had rented a cabin, after he fell in the parking lot.  The landlord "reconstructed" the fall and submitted photographs and a survey that purported to establish that the victim actually fell within the county right-of-way.  The plaintiff argued that he knew where he fell and that he was on the defendant's parking lot. 

The Court held that the victim's affidavit did not create a question of fact with regard to the accuracy of the location where he fell, and therefore it upheld summary disposition of the case.  It also rejected the victim's claim that the ice was unavoidable--on the basis that he had safely reached his truck before he fell.

Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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