Krystal Lowrey fell down the stairs of Woody’s Diner, breaking her tibia and fibula. She claimed the step was covered with water and sued Woody’s Diner for negligence. The Diner moved for summary disposition under MCR 2.116(C)(10), which the trial court granted, holding that Lowrey failed to raise a genuine issue of material fact regarding whether the diner had actual or constructive knowledge of the condition of the stairs.

Trial-Lawyers’ Bottom Line: In premises liability case, defendant need not prove it lacked notice by showing what an inspection would have revealed. Demonstrating insufficient evidence of an essential element of the claim is enough under MCR 2.116(C)(10).