STATE OF MICHIGAN COURT OF APPEALS

PAULETTE HELD, UNPUBLISHED February 4, 2016 Plaintiff-Appellee, v No. 321786 Ingham Circuit Court NORTH SHORE CONDOMINIUM LC No. 13-000241-NO ASSOCIATION, Defendant-Appellant, and PURE GREEN LAWN AND TREE PROFESSIONALS, INC., Defendant.

Before: METER, P.J., and BORRELLO and BECKERING, JJ.

METER, J. (dissenting).

I respectfully dissent.

As the old saying goes, “a picture is worth a thousand words.” I have reviewed the photographs of the area where plaintiff fell, and despite the opinions of plaintiff’s experts, I conclude that the plastic landscape edging was open and obvious. The photographs reveal a distinct color difference between the edging and the mulch. In addition, the incident took place during the day and there was no ice or snow. “[A]n average person with ordinary intelligence would have discovered [the edging] upon casual inspection.” Hoffner v Lanctoe, 492 Mich 450, 461; 821 NW2d 88 (2012). Plaintiff only bolstered this conclusion when she testified that “[i]f it was there, I must have seen it.”

I would reverse and remand for entry of judgment in favor of North Shore.

/s/ Patrick M. Meter

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