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Liquor store not liable to patron struck by falling brick

Demonstrating the depths of folly to which Michigan jurisprudence has fallen, this week the Court of Appeals upheld the summary disposition of a claim brought by a man who was injured when a brick fell on his head.  The man, Kevin Jackson, was entering the store when he was struck by the falling brick.  Despite the fact that a year previously the onwer had been informed by two separate masonry contractors that the "brick application was wrong," had insufficent anchoring, and that they refused to work on it, the Court of Appeals ruled that the owner had no notice of a defect in the brickwork.   Judges Whitbeck, Fitzgerald and Christopher Murray ruled that the affidavits of the prior contractors did not even raise a reasonable suggestion of notice that the building was unsafe.  Perhaps their thinking would be clearer if they had been entering the building when a ton of bricks fell.

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