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JAMES SUKKAR AND MERIAM CHOULAGH WIN SUMMARY DISPOSITION IN PREMISES LIABILITY CASE

In Trevino v Pulaski Civic Club (Wayne County Circuit Court, 2021), the Plaintiff claimed that he sustained injuries after falling off of two allegedly unstable blocks (measuring approximately 6 inches high) in the hall area of the Pulaski Civic Club.  Plaintiff alleged two claims against our client, Defendant Civic Pulaski Club: general negligence and premises liability based on the allegedly dangerous blocks.  Following extensive discovery, we filed a motion for summary disposition on behalf of our client.  As to the claim for general negligence, we argued that Plaintiff was injured as a result of an allegedly dangerous condition on Defendant’s property itself, and thus, Plaintiff’s claim sounded exclusively in premises liability.  As to the claim for premises liability, we argued that no Pulaski Civic Club member or employee had ever seen the blocks before, nor did anyone have knowledge that the blocks were somehow unstable as claimed by Plaintiff.  Thus, we argued that Plaintiff was unable to establish notice to Defendant a necessary element to any claim for premises liability.  The trial court agreed and granted our motion, dismissing all claims against the Defendant.