In this case, the Plaintiff claimed significant injuries resulting from a fall in a parking lot allegedly caused by an unknown substance. After discovery and depositions, Scott and Tim filed a Motion for Summary Disposition arguing that their client lacked the required “possession and control”, i.e., it was not the entity in the best position to prevent Plaintiff’s harm. They also argued that the client did not have “actual or constructive” knowledge of the alleged dangerous condition when there was no evidence to show the condition existed for a sufficient length of time for the client to discover it.

After oral argument, the Trial Court agreed and granted the Motion for Summary Disposition and dismissed Plaintiff’s Complaint.