Charlotte Hoffner v. Richard Lanctoe

Summary

The Michigan Supreme Court held that the icy sidewalk at the sole entrance to a fitness club, though concededly open and obvious, was not 'effectually unavoidable' merely because the injured plaintiff held a paid membership giving her a contractual right to enter; effective unavoidability requires that a person be compelled, for all practical purposes, to confront a hazard, and a choice to proceed defeats it. The Court reversed the Court of Appeals judgment in part and remanded for entry of summary disposition in favor of the premises owners, the Lanctoes, reaffirming that exceptions to the open-and-obvious doctrine are narrow, that an 'unreasonably dangerous' hazard must be more than theoretically dangerous, and that invitee status does not expand a landowner's duty. Justice Cavanagh, joined by Justice Kelly, dissented, contending the majority's compulsion-based definition of 'effectively unavoidable' abandons the Restatement's anticipation-based approach; Justice Hathaway, also joined by Justice Kelly, dissented on the grounds that the decision disregards Quinlivan and Restatement §§ 343/343A and improperly strips jury-submissible questions from the trier of fact.