Slip and fall against Casino is dismissed based on "open and obvious."
Leetta Ottman attempted to sue Great Lakes Gaming of Michigan, a Berrien County casino owned by the Pokagon Band of Potawatomi Indians. She had fallen on black ice on the sidewalk adjoining the casino. Citing evidence of ice and snow in the area, along with "glittering black surfaces," the Court held that the ice on the sidewalk was an "open and obvious" hazard which the casino owed no duty to address, as it "would have alerted the ordinary casual observer' to danger. Further, the Court ruled that a winter time icy sidewalk is not an unreasonably dangerous condition, according to the the three judges--apparently regardless of circumstances.
The issue of tribal sovereign immunity was not addressed, suggesting that the Berrien County tribe has either waived immunity for premises claims or chose not to raise the issue as an affirmative defense.