The firm successfully defended Enterprise Leasing in both the trial and appellate court in a premises liability case arising from an incident which occurred when Plaintiff-Appellant walked into a trench that had been dug to run a waterline in a parking lot adjacent to the Enterprise location. After the close of discovery, Blanco Wilczynski moved for summary disposition on the basis that Enterprise was not in control or possession of the trench where plaintiff fell (Enterprise neither owned the land nor was performing the construction work being performed on site, nor had it contracted that the work be done) and that the condition was “open and obvious”, entitling defendant to dismissal as a matter of law.
The trial court agreed and granted summary disposition, dismissing the case. On Appeal, Plaintiff argued that the trial court had erred in holding that Plaintiff’s claim sounded solely in premises liability, instead of general liability, and that the condition was not open and obvious. The Michigan Court of Appeals affirmed the trial court’s dismissal, finding that plaintiff could not establish the elements of a premises liability because Defendant was not in possession or control of the premises and the condition was open and obvious as a matter of Michigan law.
