Partner Robert Kaatz Secures Summary Disposition in Premises Liability Case

Cardelli Lanfear partner Robert Kaatz recently obtained summary disposition on behalf of a commercial property owner in a Michigan premises liability action arising from a customer’s fall in a parking lot undergoing resurfacing.

The plaintiff alleged she was injured after tripping in a construction area outside a retail business and claimed the property owner failed to maintain the premises in a reasonably safe condition. On behalf of the property owner, Robert Kaatz argued that the plaintiff could not establish the owner had actual or constructive notice of the alleged hazardous condition, an essential element of a premises liability claim.

The Macomb County Circuit Court agreed, finding there was no evidence that the property owner knew, or should have known, that barricades placed around the work area had been moved before the incident. The court granted summary disposition in favor of the property owner, dismissing both the premises liability and general negligence claims against the client.

This result reflects Cardelli Lanfear’s continued success defending businesses and property owners in complex premises liability litigation.