STATE OF MICHIGAN
COURT OF APPEALS
PAULETTE HELD, UNPUBLISHED
February 4, 2016
Plaintiff-Appellee,
v No. 321786
Ingham Circuit Court
NORTH SHORE CONDOMINIUM LC No. 13-000241-NO
ASSOCIATION,
Defendant-Appellant,
and
PURE GREEN LAWN AND TREE
PROFESSIONALS, INC.,
Defendant.
Before: METER, P.J., and BORRELLO and BECKERING, JJ.
METER, J. (dissenting).
I respectfully dissent.
As the old saying goes, “a picture is worth a thousand words.” I have reviewed the
photographs of the area where plaintiff fell, and despite the opinions of plaintiff’s experts, I
conclude that the plastic landscape edging was open and obvious. The photographs reveal a
distinct color difference between the edging and the mulch. In addition, the incident took place
during the day and there was no ice or snow. “[A]n average person with ordinary intelligence
would have discovered [the edging] upon casual inspection.” Hoffner v Lanctoe, 492 Mich 450,
461; 821 NW2d 88 (2012). Plaintiff only bolstered this conclusion when she testified that “[i]f it
was there, I must have seen it.”
I would reverse and remand for entry of judgment in favor of North Shore.
/s/ Patrick M. Meter
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