Morelli v. City of Madison Heights

Defendant Donald East appeals as on leave granted the trial court’s order denying his motion for summary disposition under MCR 2.116(C)(10) on claims by plaintiff, Kimberly Morelli, that she was injured after she stepped into a hole on East’s property. The trial court ruled that there was a genuine issue of material fact regarding whether East had possession and control over the area where Morelli was injured. We reverse and remand for entry of summary disposition.

I. FACTUAL BACKGROUND

Morelli was out for a walk on the evening of August 7, 2012. During her walk, Morelli crossed the street to…