Zausmer Appellate Team Provides Amicus Support on Open and Obvious Doctrine

Zausmer’s appellate team recently filed an amicus brief in the Michigan Supreme Court in a case involving the “open and obvious” doctrine.

Shareholder Nathan Scherbarth and associates John Lewsley and Jonathan Freshour recently filed the amicus curiae on behalf of the Michigan Defense Trial Counsel in Kandil-Elsayed v F & E Oil Co. The Court had asked the parties and amici to brief issues related to fundamental tenets of premises liability jurisprudence and the continued viability of the open and obvious doctrine.

Zausmer’s amicus brief traces the history of the doctrine, explains why it is consistent with Michigan’s comparative negligence framework, and argues that the way the doctrine is currently formulated provides predictability for businesses, landowners, and insurers across the state.

A full copy of the brief can be accessed here. For more information regarding Zausmer’s appellate practice or amici opportunities, please contact Nathan Scherbarth, appellate group practice leader, at


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