The Michigan appeals court says Meijer shoppers should have no trouble seeing a 12-foot crack in the parking lot.
The court has reversed the decision of a Genesee County judge and thrown out a lawsuit filed by a 42-year-old shopper in Flint. Deborah Hudspeth says she was pushing her cart through a Meijer parking lot in 2009 when the wheels caught a crack. The cart tipped over and so did Hudspeth, who suffered injuries.
The appeals court says an average person would be expected to recognize the risk of a cart hitting a big crack in a store parking lot. Hudspeth says it also was dark that day. In response, the court says that simply means a shopper should proceed cautiously.