LANSING, Mich. (Legal Newsline) – A son can’t sue over the death of his elderly father at a restaurant they frequented because the asphalt on which the father tripped was an open and obvious hazard.
The Michigan Court of Appeals reached that decision Jan. 27 in a case over the death of Aldo Grilli, who fell over a slightly raised patch of asphalt in the parking lot of Mon Jin Lau restaurant when he was 88 years old.
His son brought sued in 2019 in Oakland Circuit Court, which rejected Mon Jin Lau’s motion for summary disposition. But the restaurant appealed, arguing again that the asphalt was an open and obvious condition, and earned a reversal by the Court of Appeals.
“The photographs provided by the parties are unambiguous and clearly show that the asphalt patch was a different color and texture from the surrounding area,” the decision says. “The photographs also clearly show the patch was slightly elevated.
“Although plaintiff contended that the patch was less obvious in person than it was in the photographs, he nevertheless conceded that the pictures were fair and accurate representations of the condition on the day of the incident.”
Aldo and son David ate at the restaurant once every couple of months for about three years, David said. His father was in good health and walked on his own when he tripped over a half-inch patch of raised asphalt.
He suffered a brain hemorrhage and died the next day, leading to the lawsuit. The trial court thought a jury could find the raised asphalt was not an obvious condition, but the appeals court ruled otherwise.
The appeals court also rejected arguments the asphalt was effectively unavoidable.