Appeals court dismisses lawsuit by Detroit-area woman who fell into pit at oil-change shop

Dorothy Urben of Flat Rock says she wasn't looking down while walking to waiting room at a Spee-Dee Lube

Published On: Jan 14 2013 01:42:35 PM EST   Updated On: Jan 14 2013 01:42:48 PM EST
Court gavel
DETROIT -

The Michigan appeals court has overturned a decision in favor of a woman who fell into an oil pit at an oil-change shop.

The appeals court says the hazard was "open and obvious," a key threshold in state law.

Dorothy Urben of Flat Rock says she wasn't looking down while walking to the waiting room at a Spee-Dee Lube. A Wayne County judge had refused to dismiss the lawsuit, but the appeals court last week ruled in favor of the oil-change shop.

The three-judge panel says an oil pit is not an "unusual condition" at such a business. There were no details about Urben's injuries in the court opinion. A message seeking comment was left for her lawyer Monday.

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