Novotney v. Burger King Corp.

I would reverse the trial court’s grant of summary disposition in favor of defendants.

The facts in this case were set forth in this Court’s prior published opinion. Novotney v Burger King Corp (On Rehearing), 188 Mich App 705, 706-707; 470 NW2d 93 (1991).

I acknowledge that Riddle v McLouth Steel Products Corp, 440 Mich 85; 485 NW2d 676 (1992), stands for the proposition that an owner of land has no duty to warn an invitee of an open and obvious danger unless the owner has anticipated the harm will result despite the invitee’s knowledge of the danger. Unlike the majority, I am not persuaded…