Butler v. Ramco-Gershenson, Inc

In Butler v. Ramco-Gershenson, Inc, 214 Mich App 521, 532; 542 NW2d 912 (1995), the plaintiff was injured when struck by a piece of falling masonry. Before the masonry fell, contractors had noticed rusted tie bars, bulges in the brick work, and moisture infiltration into the brick wall that had been occurring for years, all of which caused masonry to be unstable and more likely to fall. Id. at 536. This evidence was sufficient to show that the defendants were aware of the condition before the accident and created a question of fact whether the defendants should have known of the risk of falling masonry. Id. at 537.