Summary
concluding that the danger posed by large icicles and falling ice, which the plaintiff undertook to knock down from the roof with a shovel, was open and obvious
Summary of this case from Estate of Burd v. Thompson Block Partners, Inc.Opinion
Docket No. 150894. COA No. 315219.
2015-09-30
Gordon Joseph BREDOW and Suzanne Bredow, Plaintiffs–Appellants, v. LAND & CO., PRD Construction, Inc., d/b/a Land Service and Supply, Wyoming Industrial Center, LLC, and Wyoming Industrial Center II, LLC, Defendants–Appellees.
Order
On order of the Court, the application for leave to appeal the October 30, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion discussing plaintiff Gordon Bredow's status as an invitee or a licensee. We nevertheless AFFIRM the result reached by the Court of Appeals because we conclude that, assuming arguendo that the plaintiff remained an invitee throughout his time on the property, the danger was open and obvious and contained no special aspects excepting it from the open and obvious doctrine. See Hoffner v. Lanctoe, 492 Mich. 450, 473, 821 N.W.2d 88 (2012).