WEST BLOOMFIELD (AP) — Cheese and pepperoni — but hold the lawsuit.
That’s the message from the Michigan appeals court, which has reversed a decision and dismissed a lawsuit by a Domino’s Pizza delivery man. Robert Garsoff fractured an ankle in three places and needed surgery after slipping on ice at a home in West Bloomfield in 2014.
Garsoff says there were three cars in the dark driveway when he arrived with a pizza. He says the owner was negligent by failing to salt the driveway or turn on exterior lights.
But it’s very difficult to win a slip-and-fall lawsuit in Michigan. The appeals court noted that the hazard should have been “open and obvious” to Garsoff, especially on a winter night.
The court says ice “is not considered a uniquely dangerous hazard.”
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