Jimkoski v. Shupe

Peter Shupe (defendant) appeals as of right the judgment entered in plaintiffs favor following a jury trial. Defendant also challenges the trial court’s decision to deny defendant’s motions for summary disposition and a directed verdict. We conclude that the trial court did not err in determining that the factual record would support a conclusion by the fact-finder that, even if the danger resulting in plaintiffs injuries was open and obvious, special aspects existed that justified imposing liability on defendant under a premises-liability theory. Because of that conclusion and the imposition…