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Woman's injury claim dismissed because mall owner under no duty to recognize likelihood of black ice developing or respond overnight

Toni Broughton sued the Tel-Ex Shopping Center, arguing that it breached the duty it owed customers to address black ice in the parking lot.  The trial judge dismissed her case, holding that the landlord owed no duty to check the weather or the lot condition overnight.  The Court of Appeals rejected the opinion testimony of Broughton's meterorologist that black ice was likely to develop and developed at least 13 hours before her fall as "speculative."  It also ruled that Broughton had not presented evidence from which a jury could conclude that the mall owner owed a "reasonable" duty to inspect the lot prior to her injury.
Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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