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STATE OF MICHIGAN
COURT OF APPEALS


JAMES KIRIAZIS, Plaintiff-Appellant, v JEFFERSON BEACH MARINA, INC., Defendant-Appellee.

UNPUBLISHED November 2, 1999

No. 204948 Macomb Circuit Court LC No. 96-003197 NO

Before: O'Connell, P.J. and Talbot and Zahra, JJ. PER CURIAM. Plaintiff appeals as of right from the trial court's order granting summary disposition in favor of defendant pursuant to MCR 2.116(C)(10) in this premises liability action. We reverse and remand for further proceedings. This case stems from an accident in which plaintiff injured his finger while at defendant's marina. While en route to his boat stored in one of defendant's barns, plaintiff tripped on a wooden pallet that contained a stack of steel I-beams, and one of the unsecured I-beams fell from the stack and injured his finger. The trial court granted defendant's motion for summary disposition because it concluded that the danger was open and obvious. We review the trial court's decision whether to grant the motion for summary disposition de novo to determine whether any genuine issue of material fact exists that would prevent entering judgment for the moving party as a matter of law. Morales v Auto-Owners Ins Co, 458 Mich 288, 294; 582 NW2d 776 (1998). In making this determination, we view the documentary evidence in a light favoring the nonmoving party. Radtke v Everett, 442 Mich 368, 374; 501 NW2d 155 (1993). The parties do not dispute that plaintiff was an invitee on defendant's premises.1 An invitor owes a duty "`to exercise reasonable care to protect invitees from an unreasonable risk of harm caused by a dangerous condition of the land' that the [invitor] knows or should know the invitees will not discover, realize, or protect themselves against." Bertrand v Alan Ford, Inc, 449 Mich 606, 609; 537 NW2d 185 (1995), quoting Williams v Cunningham Drug Stores, Inc, 429 Mich 495, 499; 418 NW2d 381 (1988). See also 2 Restatement Torts 2d,

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