Etter v. Michigan Bell Telephone Company

Defendant Michigan Bell Telephone Company appeals from a circuit court order denying its motion for summary disposition.

In December of 1983, plaintiff Marc N. Etter was hit by an automobile while using one of Michigan Bell’s unenclosed outdoor public telephones. The telephone was located along a straight portion of Grand River Avenue in Detroit, across the sidewalk from the roadway. Grand River Avenue is a seven-lane road at this point. The phone stood on a concrete platform between the sidewalk and the patio area of a restaurant. As plaintiff was using this telephone, Willie Chupp lost…