Premises liability; Slip & fall on black ice; Whether the condition was “open & obvious”; Hoffner v. Lanctoe; Buhalis v. Trinity Continuing Care Servs.; Slaughter v. Blarney Castle Oil Co.; Janson v. Sajewski Funeral Home, Inc.

Based on the evidence that there was inadequate lighting in the parking lot, the court held that there was a question of fact as to whether the injured plaintiff (Marguerite) “could have noticed the black ice upon casual inspection.” Thus, it reversed the trial court’s order granting the defendant summary disposition and remanded for further proceedings. Marguerite slipped and fell “on black ice in defendant’s parking lot.” The court agreed with defendant that “the weather conditions presented indicia of a potentially hazardous condition. Temperatures on the date of Marguerite’s fall were below freezing. Snow was piled in the center of the parking lot and between the sidewalk and the building.” She testified that she “saw some melted snow patches" and there "was some dampness in the parking lot as she walked to the dumpster. She also saw some light ice on the walkway that was typically caused by dripping from the roof and avoided it.” Further, “Marguerite noticed that the parking lot looked wet before she fell. The freezing temperatures, piles of snow, and the apparent wetness or dampness on the pavement were all indicia of wintery conditions that supported the trial court’s finding that the black ice” was open and obvious. “However, plaintiffs also alleged that a lack of lighting in the parking lot prevented Marguerite from seeing the ice.” She testified that “she did not see the ice before her fall, it was dark outside, and the lights in the parking lot had not come on yet. Other individuals working in the building described the lighting in the parking lot as ‘dim’ and ‘very low.’” Marguerite’s husband (also a plaintiff) “testified that he observed the parking lot right before Marguerite’s fall, and observed that the lights were either not on or extremely dim. Defendant’s office manager testified that she did not know what time the parking lot lights came on, and that the lights were controlled by the owner of the building next door.”