Rare case where "slip and fall" is not dismissed summarily
The Court of Appeals overturned the Alger Circuit Court and reinstated Angela M. Sabatos' injury claim against the Cherrywood Lodge. Sabato fell whil walking to her car in the parking lot. She claimed that the lot was icy and that the Lodge had not taken reasonable steps to make it "reasonably safe." The Lodge argued that because the icy condition was "open and obvious" it owed no duty to eliminate the hazard.
The Court of Appeals panel disagreed with the lower court and pointed out that since the Lodge was closing, Sabatos could not avoid the icy condition: therefore, it did not matter that it was "open and obvious." It will be up to the jury to decide whether the Lodge's efforts were reasonable.