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Theater patron cannot sue after fall in area where employee is mopping

Laurie Anger sued a Macomb County movie theater, America Multi-Cinema, Inc., after she fell on a newly-mopped tile floor.  She approached the refreshment counter where a young man was already mopping the floor with cones set about.  While she moved to the "butter station," the young man with the mop moved in behind her.  When she retreated to the cash register on the newly mopped floor, she fell.  The Court of Appeals did not describe her injuries.  It did, however, conclude that the newly mopped floor was an "open and obvious" danger because jurors could not reasonably conclude that a reasonable person would not have noticed, on casual inspection, the employee's mopping actions.  While the Court may be right, it certainly seems that a question of fact was raised with regard to whether a reasonable person would have immediately recognized that the young man mopping had just mopped the path that the patron had traversed seconds before---and whether that was reasonable condu by the theater employee.

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