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"Since you didn't see it, you can't prove it wasn't 'obvious' ".

In Baker v. Tendercare, two judges of the Court of Appeals were unimpressed by the injured plaintiff's claim that a seemingly inocuous crack in the parking lot crumbled beneath her.  They resorted to one of the more absurd holdings we've seen to-date:  since she didn't see the crack before she fell, she can't prove it WASN'T obvious.  Take a moment to think about that one.  Sort of a Catch-22:  if she SAW it, it's "obvious" and she can't sue:  since she DIDN'T see it, she can't prove it wasn't obvious, so--SHE CAN'T SUE.  Yossarian would have appreciated this logic.  Ultimately, the Court held that Tendercare wasn't responsible for her injury because its parking lot was in such bad disrepair, the victim should have considered it dangerous---and stayed home instead of visiting her mother.

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