Colloquy from a deposition I attended last week. Plaintiff sustained injury after slipping on a patch of black ice. At the time she had been walking between two cars in a parking lot in order to return to the car where her husband was waiting. The accident happened in second week of April, nearly three weeks after the vernal equinox. How this date relates, as a matter of law, to the definition of "Michigan Winter" as used in many open and obvious case opinions in Michigan, is, as yet, unknown to this writer.
The questions and comments of the attorneys, rather than the testimony of the client are set out here.
Q. Have you lived in Michigan all your life?
Q. Do you agree that the temperature can go below freezing, even after the end of winter?
Q. Would you agree that the during the night, the temperature is lower than during the day?
Q. Would you agree that when it is cold, ice can form on top of water?
Q. Would you agree that, when it is cold, that areas that appear wet, may actually have ice on top of them?
Q. Would you agree that, in the early morning, the ground may be colder than the air, even when the temperature is above freezing?
AttorneyButler: Based on these questions, will your client be withdrawing any notice defense in this case?
Def. Atty.: We are not waiving a notice defense.
AttorneyButler: Then you will be trying to impute knowledge of conditions on your client's premises to my client alone?
Def. Atty.: We are not waiving the notice defense in this case.
AttorneyButler: Oh, dear.
So true as far as notice. Bravo for calling them out on this in middle of your depositon.
Posted by: Eric | May 18, 2009 at 09:39 PM