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One Court of Justice Blog

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.

Jun 2016
June 15, 2016

COA: No premises liability unless defendant has possession and control of the property

The Michigan Court of Appeals held that an individual may not recover from a defendant who does not owe a legal duty in Morelli v Madison Heights, Docket No. 326621.  The Court affirmed the decision in Morrow v Boldt, 203 Mich App 324, 328; 512 NW2d 83 (1994), that a plaintiff may only receive damages from a defendant for injuries from conditions of land if that defendant has legal possession and control of the premises.

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