OPEN AND OBVIOUS IN MICHIGAN--PRESENTING OUR AVERAGE USER OF ORDINARY INTELLIGENCE

In Lugo v. Ameritech, 464 Mich. 512, 516 (2001), the Michigan Supreme Court held that a condition is open and obvious if it is reasonable to expect an average person of ordinary intelligence to discover the danger upon casual inspection.  The case held that all surface potholes and cracks were open and obvious as a matter of law.

 

What conduct, then, does the Michigan Supreme Court expect of average Michigan residents, of average intelligence, in average situations, while trying to traverse the byways of this great state?  I was never quite sure--until now.  Behold, we now see the the only reasonable behavior possible of an average Michigan citizen of ordinary intelligence:

 

 

I hope everyone realizes that the only person behaving correctly in that clip is the girl in the purple top (though I expect, if she fell, her case would be thrown out despite all of her precautions.  Remember, the higher duty is to guarantee that an average citizen never, ever falls.)

While former Justice Cliff Taylor, and current Justices Markman, Young and Corrigan may think this young lady is acting in the only way an average person of ordinary intelligence can, under the circumstances, I have concerns.  I am not sure I would want this young lady operating on me, or drawing up my will, cooking my food, watching my children or operating a car near me or my loved ones.

The over-riding need to make the world safe for insurance companies and corporations leads to absurd results, in most cases, in our great state.

"The role of judges is not to 'do good.'"--Michigan Supreme Court Justice Robert Young, May, 2009.