D'AMBROSIO v. McCready

In my view, this case involves classic questions of fact that should be decided by the trier of fact. Accordingly, I respectfully dissent from the affirmance of the summary disposition granted in favor of defendant.

*97I

Although defendant moved for summary disposition pursuant to MCR 2.116(C)(10), the circuit court did not rule that there was no genuine issue of material fact. Rather, the circuit court held that defendant owed no duty to plaintiff because the alleged towel on the stairway was an open and obvious danger. Bertrand v Alan Ford, Inc, 449 Mich 606; 537 NW2d 185 (1995); Riddle v…