Hudgins v Faraj

Court/Case No: Michigan Court of Appeals/361732

Tried/Argued Before: 

Demand: $300,000

Verdict: Summary disposition affirmed on appeal based on open and obvious doctrine

Name of Judge(s): Michael J. Kelly/Brock Swartzle/Kathleen Feeney

Keys to the Case:

Plaintiff was a postal carrier who slipped and fell in the Defendant’s driveway while delivering the mail. Through an extensive review of case law and thorough briefing, Secrest Wardle persuaded the trial court and Court of Appeals that the risk of slipping in the driveway was open and obvious, and that the condition was not “effectively unavoidable” to the Plaintiff (in other words, no “special aspects”) because post office guidelines give carriers the discretion not to deliver to any residence that does not appear to be safe.

Defense SW attorney(s) Involved in Case: