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Trial lawyers specializing in personal injury and civil litigation

No injury claim for stumbling on speed bump--regardless of color.

Louise Borie sued the St. Mary Roman Catholic Church in Genessee County, arguing that they should have painted the speed bump that she stumbled over in the dark. Ms. Borie admitted she knew the "bump" was there, but argued it was not "open and obvious" in the dark.  She claimed her right to sue should be an issue of comparative fault for reasonable people to decide.  The Court of Appeals agreed with the trial court that under current Michigan law, the bump was "open and obvious" because it would be visible on casual inspection in daylight.  As a result, the Church owed no duty of any kind to reduce the hazard it represented.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262