Michigan appeals court reverses decision in shopping cart case

Michigan appeals court reverses shopping cart case

(photo: meijer.com)

How much attention do you really pay to your surroundings? For Deborah Hudspeth apparently not enough since the Michigan appeals court reverses decision in shopping cart case.

The incident happened in 2009.

Deborah Hudspeth was pushing a shopping cart at a Meijer Superstore parking lot in Flint, Michigan.

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Hudspeth claims that she did not notice a crack on the floor of the parking lot and that one of the wheels of the shopping cart got caught in the crack causing her to fall and become injured.

She had won the initial case and the original decision was appealed.

The crack was sizable. It was a 12 foot crack.

Upon appeal, the Michigan appeals court reverses the original decision saying that an average person would be expected to notice such a large crack in the parking lot.

To Hudspeth’s argument that it was dark outside, the appeals court says that means a shopper should proceed even more cautiously,

It is a very interesting decision because in today’s society, people seem very quick to file lawsuits.

Not judging the merits of Hudspeth’s case, there are simply many lawsuits filed by people that say they have been hurt and it is not their fault.

Many of the claims are legitimate but there are lawsuits filed that are not legitimate and are simply being filed by people looking for a quick payout.

Especially in this economy.

The appeals court ruling sends a strong message to the public that people do indeed have a responsibility for paying attention to their surroundings.

Of course, it is up to the entities, in this example the Meijer parking lot , to ensure that their structure is safe and in good repair, however a crack could occur at any time. It could be caused by an act of God that occurs at any given moment so people have to shoulder some of the responsibility too.

Is a 12 foot crack in a store parking lot something that everyone should notice?  Would you notice it?

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