Sheriff's Deputy forced to early retirement by injuries cannot sue homeowner who failed to clear ice and snow
Dominick Spadafore, an Oakland County Sheriff's Deputy, was called to Wayne Dale Bailey's home because Bailey's son had run away. Bailey's son ran away after being told to shovel snow. After meeting with the parents, Spadafore was leaving the home when he slipped on ice on the porch and suffered injuries that lead to his retirement. The Court of Appeals sympathized with Spadafore's situation, but noted that under prior rulings of the "Engler Majority" the ice and snow that Baileys had not addressed were an "open and obvious hazard." Since the hazard was "open and obvious" the homeowners owed no duty by the homeowner to make the hazard safe--even though the Deputy was invited to the premises and obligated to respond.