Michigan Court of Appeals Upholds Verdict Favoring Workers in “Open and Obvious” Case

Beaumont hospital hired Plaintiff construction workers as part of a sidewalk repair. Unexpected electrical wires were discovered during the repair and work ceased. Evidence showed that hospital management barricaded the area with the live electrical wires and advised construction workers to wait to continue work until electricians could be consulted. The construction workers were subsequently and erroneously apprised that the electrical conduit was dead and that work could resume.

Once work resumed, Plaintiff workers sustained serious and lasting injuries from contact with the electrical wires that were, in fact, live and dangerous. The Trial Court entered Judgement in favor of the Plaintiffs after a favorable jury verdict. The Defendant appealed, in part, based upon the “open and obvious” defense. The Michigan Court of Appeals affirmed in the unpublished case of Tremonti v. Beaumont Hospital holding that the open and obvious doctrine requires not only the presence of a danger but a realization of the degree of dangerousness. In this case, the workers knew the electrical wires were present, but relied upon Defendants’ statements that they were not live. Plaintiffs were unable to appreciate the danger.

The Judgement in favor of the Plaintiffs was affirmed. Click on the link to read the entire case.