Kurt Anselmi Gets Summary Disposition for Detroit Rolladium

In Betty Smith v Rolladium, Inc, Betty Smith slipped and fell as she walked around her vehicle in the parking lot of Rolladium on the morning of March 9, 2003. She had arrived with her granddaughter who was an employee of Rolladium working that afternoon. She filed suit against Rolladium contending that she slipped and fell due to a dangerous condition (snow/ice), which Rolladium negligently allowed to remain on the parking lot surface. As a result of the fall, Ms. Smith sustained a fracture to her left humerus which required open reduction/internal fixation and placement of a 9 ½ inch rush rod. Her recovery was complicated by the fact that she was in the process of undergoing chemotherapy for cancer treatment. She sought $150,000.00 in damages from the Defendant. She testified at deposition that there was no salt or other deicing material in the lot.

Kurt Anselmi of our office, representing Rolladium, filed a Motion for Summary Disposition on behalf of Defendant contending that Plaintiff’s fall was the result of an “Open and Obvious Danger”. Accordingly, pursuant to case law in the State of Michigan, Defendant had no duty to warn or otherwise protect Plaintiff. Plaintiff testified that she observed the snow/ice condition and other testimony indicated that she could have avoided walking through same. On April 28, 2003, Oakland County Circuit Court Judge McDonald granted Mr. Anselmi’s Motion for Summary Disposition on behalf of Defendant. An Order Granting Summary Disposition and dismissing all claims by Plaintiff was entered on April 30, 2004.