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October 2013

Oct 2013
25
October 25, 2013

COA holds that, unless his invitation is linked to business interests, a slip-and-fall plaintiff is a licensee.

In Sanders v. Perfecting Church, the Michigan Court of Appeals held that, for an individual to be an invitee and so owed a higher duty of care while on another’s property, the invitation must be directly tied to the property owner’s commercial business interests.

Oct 2013
25
October 25, 2013

Medical-malpractice complaints may be amended to render them timely

A plaintiff may amend a prematurely filed medical-malpractice complaint to render it timely.  In Furr v. McLeod, the plaintiffs filed their lawsuit one day before the expiration of the 182-day notice period in MCL 600.2912b(1).  The Court of Appeals affirmed the trial court’s decision that the plaintiffs could amend their complaint to render it compliant.  In so holding, the Court stated that it was bound by its prior decision in Tyra v. Organ Procurement Agency, which had reached the same result in the wake of several Michigan Supreme Court cases.

Oct 2013
25
October 25, 2013

Easements by necessity require strict, not reasonable, necessity

In Charles A. Murray Trust v. Futrell, the Michigan Court of Appeals held that an easement by necessity requires strict necessity to access the property, not just reasonable necessity.

Oct 2013
25
October 25, 2013

The Right to Farm Act does not exempt farmers from permit restrictions on driveways

 In Sena Scholma Trust v. Ottawa County Road Commission, the Michigan Court of Appeals held that the Road Commission properly denied a driveway permit, and further held that the Right to Farm Act was not implicated by the permit denial.

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