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One Court of Justice Blog

Sep 2017
September 25, 2017

MSC to consider whether playing on a beach is "outdoor recreational use" of land

In Otto v. Inn at Watervale, Inc., No. 155380, the Michigan Supreme Court has granted the Inn's application for leave to appeal the question of whether a child's play on the beach constituted “other outdoor recreational use” of the Inn's land under the Recreational Land Use Act, MCL 324.73301(1). 

May 2017
May 25, 2017

COA: If a fire truck has to try to drive safely—then so does a snowplow. There is no immunity from negligence claims while working on roadways

In Flanagin v. Kalkaska Co Road Comm'n, No. 330887, the Court of Appeals held that statutory provisions that allowed state vehicles to cross the centerline while engaged in work on a roadway would not provide immunity against allegations of negligence. While a snowplow may not be committing a moving violation when plowing by being over the centerline, they can still be negligent. The facts at issue indicated it was possible that the snowplow was between four and six feet over the centerline, and thus there was a genuine issue of material fact as to alleged negligent conduct justifying the trial court's denial of summary disposition.

May 2017
May 24, 2017

MSC grants MOAA to consider scope of landlord’s statutory duty to ensure that internal stairways are “fit for the use intended by the parties” and in “reasonable repair”

In Martin v. Milham Meadows, No.154360, the Michigan Supreme Court granted mini-oral argument as to whether reasonable minds could differ regarding whether an internal stairway, which was overly slippery because of the paint applied, was fit for its intended use and kept in reasonable repair. 

Dec 2016
December 15, 2016

MSC: Onus is on plaintiff not defendant, to prove notice of hazard in slip and fall case

In Lowrey v. LMPS & LMPJ Inc, No. 153025, the Michigan Supreme Court, without oral argument, held the Court of Appeals erred when it both improperly shifted the burden to defendant to prove its lack of notice of a hazardous condition and imposed a new element necessary to prove such lack of notice thereby improperly imposing a new requirement on premises owners seeking summary disposition. Accordingly, the Court reversed the judgment of the Court of Appeals regarding defendant’s notice, reinstated the trial court’s order granting summary disposition in favor of defendant on that issue, and vacated the remainder of the Court of Appeals’ opinion.

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