Court confirms that true black ice is not "open and obvious"
It would seem to be beyond dispute that something which is by definition "either invisible or nearly invisible, transparent or nearly transparent" is NOT "open and obvious." Nevertheless, insurance companies, emboldened with their success in defeating Michigan personal injury claims, have pushed most every defense theory to its ultimate absurdity. This happened again in Garrison v. St. Paul Fabric Services, when the Defendant appealed a trial judge's decision that a fall on black ice in a handicapped parking space was not the result of an "open and obvious" defect.
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