Sub-contractor cleaning gutters cannot sue homeowner when swarm of bees causes fall
Paul Mission was badly hurt when he fell 25 feet or more from Julie Corbett's roof while cleaning gutters. The testimony indicated that Mission was warned by Corbett of the presence of bees. He also refused to use a ladder to clean the gutters or to tie-off with fall protection. In addition, he deliberately struck at least one swarm of bees with a broom handle in an attempt to exterminate the swarm. Given the testimony, the court was compelled to conclude that Mission voluntarily encountered an "open and obvious hazard" and that a jury would be compelled to conclude that he was more than fifty percent at fault in causing his injuries. When an injured person is more than fifty percent at fault in a Michigan negligence action, he cannot collect damages based upon another's share of fault in causing the injury.