Mike Guss Obtains Summary Disposition For Hurley Medical Center In Slip And Fall; Marva Williams -V- Hurley Medical Center, Genesee County Circuit Court
Plaintiff brought suit against Hurley Medical Center stemming from a fall that occurred on Hurley’s premises. As Plaintiff entered the main lobby entrance, due to the weather conditions outside, she shuffled her feet on a rubber backed carpet runner in an effort to dry the soles of her shoes. As she shuffled her feet, each scuff created a small ripple in the mat, causing the mat to ripple and slide out from underneath her. Plaintiff filed suit, asserting that the carpeting must have been wet because it was raining outside and should have been securely fastened to the floor. After discovery, we filed a motion for summary disposition arguing that the accident in question does not create liability as the Plaintiff’s claims are barred by governmental immunity. Alternatively, we argued that the allegedly defective condition was open and obvious and devoid of special aspects, the condition was not caused by Hurley’s active negligence, and Hurley did not have notice of the allegedly defective condition. Following oral argument, the trial court agreed with us and granted summary disposition on all four grounds and dismissed Hurley from the case.