Haas v. City of Ionia

Plaintiff tripped, fell, and sustained serious injuries on a public sidewalk in the City of Ionia. She sued for damages in the Ionia Circuit Court, which granted the city’s motion for summary disposition pursuant to MCR 2.116(C)(10) on the basis of the "open and obvious” danger rule. See, e.g., Bertrand v Alan Ford, Inc, 449 Mich 606; 537 NW2d 185 (1995). We reverse.

Plaintiff’s deposition testimony was to the effect that, for six years, she and her friends had discussed how the sidewalk in this particular location was grossly defective, with broken and jagged chunks of concrete jutting every…