Watts v. Mich. Multi-king

• Decision Date: 14 December 2010
• Docket Number: No. 08-121854-NO,No. 293185,293185,08-121854-NO
• Parties: NYLA WATTS, Plaintiff-Appellant, v. MICHIGAN MULTI-KING, d/b/a BAHA FRESH, Defendant-Appellee.
• Court: Court of Appeal of Michigan (US)

NYLA WATTS, Plaintiff-Appellant,

v.MICHIGAN MULTI-KING, d/b/a BAHA FRESH, Defendant-Appellee.

No. 293185

No. 08-121854-NO

STATE OF MICHIGAN

COURT OF APPEALS

December 14, 2010

FOR PUBLICATION

Before: Wilder, P.J., and Servitto and Shapiro, JJ.

Wilder, P.J., (concurring).

Because I agree with the majority that defendant failed to present evidence to show that the allegedly wet floor was visibly wet, such that it would have been reasonable to expect "an average person of ordinary intelligence" to discover the wet floor condition "upon casual inspection," O'Donnell v Garasic, 259 Mich App 569, 575; 676 NW2d 213 (2003), I concur in the result reached by the majority.

Kurtis T. Wilder