Gregory Grant, Associate Attorney in our Traverse City office, recently successfully defended a Northern Michigan Health Department in a building defect claim.
In this case, the female plaintiff returned to her place of employment at a space leased by her employer in a building owned and operated by the Health Department. When the plaintiff arrived at her office, the building was closed as it was after 5 p.m. She used her key to get in and worked for about an hour. Then, as she exited the building to go home, she slipped on ice that had pooled on the sidewalk underneath the overhang. The ice resulted due to water leaking from the gutter caused by a breakdown of a gutter sealant. The plaintiff sustained serious injuries.
The plaintiff subsequently sued the Health Department and asserted a claim under the public building exception to governmental immunity arguing that the leaking gutter constituted a building defect. Mr. Grant moved for dismissal of the case arguing that the Health Department was entitled to governmental immunity and that the plaintiff could not satisfy the required elements of the public building exception.
To prove the applicability of the public building exception, the plaintiff was required to demonstrate that the public building at issue was “open for use by members of the public.” Mr. Grant argued that, in determining whether a public building is open for use by the public, it was necessary to consider the nature of the building, the building’s use, and any limiting criteria on the public’s right to access. Mr. Grant was able to prove through discovery that the building was not open to the public at the time of the plaintiff’s fall, that the main entrance was locked before she arrived, and that the plaintiff was only able to enter the building with her key.
As a consequence, Mr. Grant argued that the building was not “open for use by members of the public” at the time of the plaintiff’s fall. The court agreed and granted the Health Department’s motion for summary disposition and dismissed the case with prejudice.
Gregory Grant, an attorney in our Livonia office, concentrates his practice on municipal law, labor and employment law, general liability defense and prevention, and premises liability. He can be reached at (231) 922-1888 or firstname.lastname@example.org.