Lowrey v. Lmps & Lmpj, Inc

In this suit involving a slip and fall, plaintiff, Krystal Lowrey, appeals by right the trial court’s order dismissing her claim against defendant, KSK Hospitality Group, Inc. (KSK), which does business as Woody’s Diner (the bar). On appeal, we must determine whether the trial court erred when it granted KSK’s motion for summary disposition under MCR 2.116(0(10). We conclude that it did. In its motion, KSK failed to present evidence that, if left unrebutted, would establish that it did not have actual or constructive notice of the condition; Lowrey therefore had no obligation to come forward…