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Brownlee v. General Motors Corp.8/30/2005
, the trial court determined that the risk of harm was avoidable, observing that plaintiff could have set the dishes in another area without adverse employment repercussions. Plaintiff admitted she would not have suffered any adverse employment action had she simply set the plates in another area of the kitchen. Thus, plaintiff was not required to traverse the wet floor in order to comply with the demands of her employment. Because the condition was avoidable, we agree with the trial court that the hazardous condition in the kitchen did not have any special aspects that precluded application of the open and obvious danger defense to plaintiff's premises liability claim.
Affirmed.
Brian K. Zahra, Hilda R. Gage, Christopher M. Murray.
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