Summary disposition granted to Costco in premises liability injury action

After suffering injury in a fall on ice in the parking lot, James Zyrek sued Costco, alleging that it was negligent in removing ice and snow. It was later determined that there was a 20' long patch of ice that melted from automobile repair bays which Zyrek had not observed as he approached the building.  A Costco employee testified that the area was salted three times on the day of Zyrek's injury, and Costco argued that since the ice was "open and obvious" it owed not duty to address the problem.

The trial judge concluded that the ice fell within the Michigan Supreme Court's Republican majority's definition of an "open and obvious" hazard, and therefore Costco owed no duty to render the area reasonably safe for business invitees.  The Court of Appeals agreed, affirmed the summary disposition and taxed costs in favor of the store.