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STATE OF MICHIGAN
COURT OF APPEALS


JANET WEBER, Plaintiff-Appellant, v PARAGON OF MICHIGAN, INC., d/b/a MOUNTAIN JACKS, and TOYS R US, INC., Defendants-Appellees.

UNPUBLISHED May 2, 2000

No. 205932 Eaton Circuit Court LC No. 96-000532 NO

Before: Neff, P.J., and Murphy and J.B.Sullivan*, JJ. PER CURIAM. In this premises liability action, plaintiff appeals as of right from an order granting defendants' motion for summary disposition pursuant to MCR 2.116(C)(10). We reverse. We review a trial court's decision on a motion for summary disposition de novo. Arias v Talon Development Group, Inc.,239 Mich App 265, 266; ___NW2 ___ (2000); Power Press v MSI Battle Creek Stamping, 238 Mich App 173, 177; 604 NW2d 722 (1999). A motion under MCR 2.116(C)(10) tests the factual support for a claim. Arias, supra. The motion may be granted when, except with regard to the amount of damages, there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Arias, supra; Ireland v Edwards, 230 Mich App 607, 613; 584 NW2d 632 (1998). In reviewing the trial court's decision, we must consider the affidavits, pleadings, depositions, admissions, and documentary evidence filed in the action or submitted by the parties, and, giving the benefit of the doubt to the non-moving party, we must determine whether a genuine issue of material fact exists to warrant a trial. Power Press, supra. Possessors of land have a legal duty to exercise reasonable care to protect their invitees from dangerous conditions on the land. Abke v Vandenberg, 239 Mich App 359, 361; ___ NW2d ___ (2000), citing Bertrand v Alan Ford, Inc., 449 Mich 606, 609; 537 NW2d 185 (1995). If a condition is open and obvious, however, this duty does not apply unless the condition poses an

* Former Court of Appeals judge, sitting on the Court of Appeals by assignment. -1

unreasonable risk of harm. Abke, supra, citing Millikin v Walton Manor Mobile Home Park, Inc, 234 Mich App 490, 498-499; 505 NW2d 152 (1999), and 2 Restatement Torts, 2d,

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