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CHRISTINE BLUE V ST JOHN HOSPITAL AND MEDICAL CENTER
State: Michigan
Court: Court of Appeals
Docket No: 284769
Case Date: 10/13/2009
Preview:STATE OF MICHIGAN COURT OF APPEALS

CHRISTINE BLUE, Plaintiff-Appellee, v ST. JOHN HOSPITAL AND MEDICAL CENTER, Defendant-Appellant.

UNPUBLISHED October 13, 2009

No. 284769 Wayne Circuit Court LC No. 06-609722-NO

Before: Stephens, P.J., and Jansen and Wilder, JJ. PER CURIAM. In this premises liability action, defendant appeals by leave granted the circuit court's order denying its motion for summary disposition pursuant to MCR 2.116(C)(10). We reverse and remand for entry of judgment in favor of defendant. Plaintiff initiated this action after she sustained injuries when she slipped and fell on snow-covered ice in defendant's parking structure. On appeal, defendant argues that the circuit court erred by denying its motion for summary disposition because it lacked notice of the alleged snowy and icy conditions that caused plaintiff's injury, because such conditions were open and obvious, and because it had no duty to remove the snow and ice while it was still snowing. Summary disposition is properly granted under MCR 2.116(C)(10) when there remains no jury-submissible question of material fact and the moving party is entitled to judgment as a matter of law. We review de novo a circuit court's grant or denial of a motion for summary disposition. Latham v Barton Malow Co, 480 Mich 105, 111; 746 NW2d 868 (2008). When reviewing a motion brought under MCR 2.116(C)(10), we consider the pleadings, admissions, and other evidence submitted by the parties in a light most favorable to the nonmoving party. Id. We limit our review to the evidence presented to the circuit court at the time the motion was decided. Pe
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