Kennedy v. Great Atlantic & Pacific Tea Co.

In this premises-liability action, plaintiff appeals as of right the trial court’s grant of summary disposition in favor of defendants. We affirm.

While plaintiff was shopping, he slipped on crushed green grapes or green grape residue on the floor of defendants’ grocery store. Plaintiff began to fall, reached for his shopping cart, and sustained injuries. The trial court granted summary disposition in favor of defendants pursuant to MCR 2.116(0(10), ruling that the slipping hazard posed by the crushed grapes or grape residue was open and obvious as a matter of law.

We review de novo a trial…