A defendant appealed an order denying his motion for summary disposition in a Michigan slip and fall case. The Michigan Court of Appeals reversed and remanded for the entry of an order granting the defendant’s motion for summary disposition.
On September 14, 2012, the plaintiff was in the defendant’s backyard, sitting by a fire that had been made in the defendant’s fire pit. The fire pit had been constructed that day and consisted of a corrugated metal fire ring set in a hole surrounded by a circular wall of landscaping blocks that was about nine inches tall. The area around the fire pit was covered with pea gravel. The plaintiff had helped spread and pat down that gravel the previous day. The plaintiff had been dating the defendant off and on since about 2004, and she had been to the defendant’s home hundreds of times.
On the night she fell, the plaintiff and the defendant were sitting in chairs by the fire pit drinking wine. The plaintiff was wearing rubber flip flop sandals and had her feet resting on top of the block wall surrounding the fire ring. At some point, the plaintiff felt too hot and decided to move her chair further away from the fire as the defendant was walking toward his house to get something. The plaintiff stood up and then turned around to grab the arms of the chair to move it, with her feet between the chair and the fire pit. As she leaned over to take hold of the chair, her feet started sliding backwards on the gravel, down a slight slope, until she lost her balance and fell backwards into the fire pit, causing her to sustain significant burns.