Wade v. Department of Corrections

Plaintiff appeals as of right from an order of the trial court granting defendant’s motion for summary disposition. We reverse and remand for further proceedings.

Plaintiff, a resident of the Michigan Department of Corrections Coldwater facility, filed a complaint against defendant after he fell on some grease or other substance as he was walking from the facility mess hall. Plaintiff suffered a severe fracture of the right patella.

Plaintiff’s complaint alleged that defendant had a statutory duty pursuant to MCL 691.1406; MSA 3.996(106) to maintain the facility so as to avoid defective and…