Attorneys Greg Grant and Matt Cross Obtain Summary Disposition of Premises Liability Claim Against Northern Michigan Condominium Association 

Greg Grant and Matt Cross, partners in our Traverse City office, recently obtained summary disposition in a premises liability case involving a Northern Michigan condominium association.

The claim involved a visitor to Traverse City, who slipped and fell on ice in the condominium association’s parking lot. The association had relied upon a snow removal contractor to address the accumulation of snow and ice in the parking lot. While the contractor’s efforts greatly improved the condition of the parking lot, it did not get every patch of snow and ice. Prior to his fall, the plaintiff acknowledged being aware that it was icy and snowy, and in the seconds before his fall, his wife warned him to be careful of the ice in the parking lot.

Plaintiff claimed the status of an invitee, but attorneys Grant and Cross argued that, as to the association, plaintiff was actually a licensee and as a licensee the association only owed plaintiff the duty to warn him of unreasonably dangerous conditions of which the association was aware and of which the plaintiff was unaware. Attorneys Grant and Cross argued that snow and ice in Northern Michigan in the winter is not an unreasonably dangerous condition and because the plaintiff knew or should have known of snow and ice in the parking lot, they did not owe him any duty to warn of snow and ice.

Plaintiff, who suffered a broken arm because of his fall, demanded settlement in the amount of $300,000. However, the circuit court granted Attorneys Grant and Cross’ motion for summary disposition, dismissing the claims in their entirety.

Matthew Cross is a partner in the Firm’s Traverse City office where he focuses his practice on municipal law, zoning and land use, law enforcement defense and litigation, insurance defense, and general litigation. He has experience handling employment law, personal injury defense, marijuana licensing litigation, civil rights litigation, constitutional litigation, and other municipal issues. He may be reached in our Traverse City office at (231) 922-1888 or mcross@cmda-law.com.

Gregory Grant is a partner in our Traverse City office where he focuses his practice on municipal law, employment and labor law, insurance defense, and litigation. He has extensive litigation experience in the areas of employment and labor law, police liability, first amendment law, due process, Open Meetings Act (OMA) and Freedom of Information Act (FOIA) and has earned dismissals in each of these areas. He may be reached in our Traverse City office at (231) 922-1888 or ggrant@cmda-law.com.