Bard v. Weathervane of Michigan

214 N.W.2d 709, 51 Mich. App. 329, 1974 Mich. App. LEXIS 912

• Court: Michigan Court of Appeals
• Decided: January 17, 1974
• Docket: Docket 16549
• Status: Published

Opinions

Quinn, P. J.

January 27, 1972, plaintiffs drove to defendant’s shop in Okemos, Michigan, to purchase a new pair of ski gloves for Mrs. Bard. They parked their automobile in defendant’s parking lot as near to the shop entrance as was possible. The parking lot was well lighted but it was icy and rutted from prior accumulation of snow and traffic. A light snow was falling on the evening in question. These conditions were known to plaintiffs, and because of this, Mrs. Bard walked slowly and watched the ground as she proceeded to the shop entrance. Approximately half way from the automobile to the entrance, she slipped and fell on the ice, breaking her ankle.

This action based on the alleged negligence of defendant in failing to maintain its parking lot in a reasonably safe condition followed. At trial, when plaintiffs rested, defendant’s motion for directed verdict was granted and plaintiffs appeal.

The controlling issue has not been accurately stated by either party. We believe a precise statement of that issue is: What duty does the operator of a business owe to invitees of the business with respect to the icy, rutted condition of the business parking lot arising from traffic on natural accumulation of snow?

Plaintiffs argue that the duty owed is properly stated in Kroll v Katz, 374 Mich 364, 371; 132 NW2d 27, 30 (1965). We cannot accept this argument for two reasons. Kroll did not involve a slip and fall on a natural accumulation of ice and snow. Secondly, Kroll states the basic duty of an invitor to an invitee which we find to be inapplicable to the case before us, which involves a hazard created by natural elements.

Snow falls on invitor, invitee, and all residents of the snow area alike. All are, or should be, aware of the hazards arising from natural accumulations of snow such as icy conditions and ruts from traffic. These are common wintertime hazards to all who live in areas where show accumulates, and these hazards, without more, give rise to no duty owed by an invitor to an invitee.

Given the conditions that existed in this case, what was the duty that defendant owed to plaintiffs? It was to not increase these natural hazards or create a new hazard by any affirmative act, Weider v Goldsmith, 353 Mich 339; 91 NW2d 283 (1958). We find nothing in this record to indicate that defendant violated this duty.

The record discloses that Mrs. Bard was aware of the dangerous condition of defendant’s parking lot and that she chose to use it. This obviates discussion of plaintiffs’ claim that defendant owed a duty to warn plaintiffs of the dangerous condition.

Affirmed with costs to defendant.

Peterson, J., concurred.