- Posted January 16, 2013
- Tweet This | Share on Facebook
Woman who fell into pit at oil shop loses case
DETROIT (AP) -- The pit below the floor at an oil-change shop is an obvious hazard, the Michigan appeals court said in dismissing a lawsuit from an elderly woman who stepped over the edge and fell.
The appeals court last week overturned a decision by a Wayne County judge and ruled in favor of Spee-Dee Lube.
Dorothy Urben of Flat Rock, who was 80 at the time, said she wasn't looking down while walking to the waiting room at the business in July 2010. Employees heard a scream and found her in the pit where oil is changed. Paramedics put a brace around her neck and a splint on her leg and removed her on a backboard.
"I didn't slip on anything, no. I stepped into empty space," Urben said in a deposition.
Urben's lawsuit said the pit was unreasonably dangerous. The appeals court, however, said there were markings and warnings in the garage.
"It is reasonable to expect that an average customer of ordinary intelligence would discover the pit upon casual inspection. The pit created a risk of harm only because plaintiff did not discover the condition or realize its danger," said judges David Sawyer, Henry Saad and Patrick Meter. "Thus, the condition was open and obvious."
A message seeking comment was left with Urben's attorney Monday.
Published: Wed, Jan 16, 2013
headlines Oakland County
- Associations gather for Spring Fling
- Supreme Court denies rehearing request by attorneys sanctioned for meritless election lawsuit
- Law school conducts ‘Know Your Rights Day’ for high school students
- Oakland County household hazardous waste dropoff events promote environmental stewardship and safeguard communities
- Nessel testifies in support of BRITE Act
headlines National
- Incarceration series includes female inmates but doesn’t tell full story
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- Former DOJ official who alleged election fraud violated at least one ethics rule, ethics committee says
- Winston & Strawn will provide reduced-cost legal services for routine tasks under Winston Legal Solutions umbrella
- Should Justice Sotomayor retire? Chemerinsky, White House haven’t joined calls for her to step down
- Which BigLaw firms are increasing lateral associate hiring the most? One made legal headlines last year