United States Sixth Circuit

In an action brought by plaintiff who was injured when a portable basketball goal fell on her while she was shopping in a Sam's Club store, summary judgment for the store is reversed where: 1) despite her counsel's failure to include in the record readily available and admissible evidence of causation, plaintiff produced sufficient evidence to survive summary judgment under a res ipsa loquitur claim as a portable basketball goal on display in a store should not fall over if properly maintained, even if "touched" by a seven-year-old child; and 2) further, even if analyzed under the state's premises-liability standard, summary judgment was improper.

Appellate Information

• Decided 10/11/2007
• Published 10/11/2007

Judges

• Before:  BATCHELDER and GILMAN, Circuit Judges;  VARLAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Louis G. Corey, The Corey Law Firm, Royal Oak, Michigan, for Appellant.  William L. Henn, Smith, Haughey, Rice & Roegge, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Louis G. Corey, The Corey Law Firm, Royal Oak, Michigan, for Appellant.  Jon D. VanderPloeg, Smith, Haughey, Rice & Roegge, Grand Rapids, Michigan, for Appellee.