Pressley v. Bruce Post Vfw Memorial Home, Inc

462 N.W.2d 830, 185 Mich. App. 709

Opinions

Shepherd, P.J.

Defendants appeal from a judgment of the circuit court entered in favor of plaintiff following a jury trial in the amount of $5,000 on a premises liability claim. The jury had awarded $10,000 in damages but reduced it after it found plaintiff fifty percent negligent. We affirm.

Plaintiff was injured when he fell from a seawall maintained by defendants. Plaintiff apparently tripped on a metal spike protruding from the seawall. Plaintiff had used the seawall for fishing over a period of time with the knowledge and approval of defendants.

The danger in this case, the exposed metal spike, was open and obvious. This was established by plaintiff’s admission that he was aware of the spike’s existence. He had, in fact, previously tried without success to remove it.

We believe that this case is controlled by Riddle v McLouth Steel Products Corp, 182 Mich App 259; 451 NW2d 590 (1990). In Riddle this Court reasoned that, if the encounter with a known or obvious danger has the effect of excusing the landowner’s duty, we would be back to the doctrine of contributory negligence as an absolute bar to recovery. We agree with Riddle.

Affirmed.

McDonald, J., concurred.