Spagnuolo v. Rudds 2, Inc.

Plaintiff appeals as of right a trial court order granting defendant’s motion for summary disposition. Plaintiff, who at the time used a wheelchair, fell while attempting to maneuver her wheelchair around a trash barrel located on a sidewalk immediately adjacent to defendant’s fast-food restaurant. Plaintiff filed an action alleging both common-law negligence and a violation of the Michigan Handicappers’ Civil Rights Act (hcra), MCL 37.1101 et seq.-, MSA 3.550(101) et seq. The trial court granted defendant’s motion for summary disposition of the first count pursuant to MCR 2.116(C)(10) and of…