MICHIGAN – Farmington Hills Senior Partner Michael Watt and Partner Dustin Hess secured a complete defense victory on behalf of a fine dining restaurant in a premises liability action. By obtaining a Motion for Summary Disposition and successfully defending that result on appeal, the QPWB team shielded their client from a $250,000 demand, resulting in a $0 final award.

Overview of the Case

The Michigan defense team was retained to represent a high-end restaurant after a patron alleged a slip and fall on the premises. The Plaintiff asserted that she slipped on water on the floor, causing her to strike her head on a railing. The litigation sought damages for various physical and neurological injuries allegedly sustained during the incident.

Key Difference-Makers

• Michael Watt – Senior Partner, Farmington Hills
• Dustin Hess – Partner, Farmington Hills

Claims Made Against Our Client

The Plaintiff’s complaint centered on premises liability, arguing that as an invitee, she was owed the highest duty of care. Opposing counsel asserted that the restaurant failed in its duty to inspect the property for hazardous conditions and subsequently failed to warn or correct the hazard. The litigation involved claims for a traumatic brain injury (TBI), cervical spine issues, and broken teeth, with the Plaintiff’s argument relying on the assertion that the defendant had actual or constructive notice of the water on the floor. Based on these claims, the Plaintiff sought $250,000 in damages.

Defense Strategy

QPWB’s strategy focused on the fundamental elements necessary to establish liability in a slip and fall case. Rather than relying on broader defenses, Mr. Watt and Mr. Hess focused discovery strictly on the admissible evidence regarding notice. The team argued that the Plaintiff possessed no evidence to prove that the restaurant staff was aware of the water (actual notice) or that the condition had existed long enough that they should have been aware of it (constructive notice).

By maintaining a rigorous focus on these evidentiary hurdles, the defense demonstrated that the Plaintiff could not meet her burden of proof. This disciplined approach was designed to challenge the Plaintiff's ability to show a breach of duty, regardless of the severity of the alleged injuries.

Impact on Final Outcome

The strategy proved decisive when the Trial Court granted the Defendants’ Motion for Summary Disposition.

The Plaintiff subsequently appealed the decision, but the Court of Appeals affirmed the lower court's dismissal, ensuring a final victory for the defense. By successfully proving the absence of notice, the QPWB team neutralized the claim before it could reach a jury, resulting in a total defense victory and the complete dismissal of all claims.

Unique Aspects of the Case

The most unique aspect of this case was the total absence of admissible evidence regarding the client’s notice of the water. While slip and fall claims often involve factual disputes over the timing or source of a spill, the defense successfully established that the Plaintiff’s case was legally insufficient to proceed, even under the highest duty of care.

Predicting the Future

This victory is particularly significant following the 2023 shift in Michigan law, which overturned longstanding precedent regarding the "open and obvious" doctrine. With slip and fall claims becoming more prevalent in the current legal landscape, this result reinforces QPWB’s ability to find alternative, highly effective paths to dismissal. It demonstrates the firm’s tactical depth and commitment to utilizing meticulous strategies to protect clients from high-exposure premises liability claims.

Key Actions in This Case

• Targeted Discovery: Focused investigation on the essential elements of notice, exposing the lack of admissible evidence in the Plaintiff’s case.
• Summary Disposition: Successfully moved for a dismissal by highlighting the Plaintiff’s failure to meet her burden of proof.
• Appellate Defense: Effectively defended the trial court’s ruling on appeal, ensuring the $0 award remained final.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 55 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.