Buyer Beware: Premises Liability and Constructive Notice

The crux of the notice element of a slip and fall case is whether the alleged hazardous condition was allowed to develop or exist over an extended period of time. A premises owner may be held to have constructive notice of a hazardous condition and therefore be liable if the claimant can prove “that the…

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Into the Pit: Supreme Court Holds Vehicle Maintenance Mishap Triggers PIP

The Michigan Supreme Court held that injuries sustained while walking over to examine an old oil filter at an oil change facility arose from the maintenance of a motor vehicle as a motor vehicle. Therefore, the No-Fault Act applied to the accident and injuries, including the entitlement to PIP benefits. Additionally, the Court clarified that…

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Brace Yourself: Bus Driver May Take Off Before Passengers Are Seated

The Johnson decision highlights that a public bus driver does not have a duty to wait for passengers to be seated to begin driving unless there is “some special and apparent reason” the driver should know a passenger is incapable of protecting himself or herself from injury. Ultimately, Plaintiff was unable to show any evidence…

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On the Retroactivity of Kandil-Elsayed and Other Issues in Premises Liability Law

In Kandil-Elsayed v F & E Oil, Inc, 512 Mich 95 (2023), the Michigan Supreme Court overruled Lugo v Ameritech Corp, Inc, 464 Mich 512 (2001). In doing so, the Court held that “the open and obvious danger doctrine” is no longer “part of a land possessor’s duty.” Kandil-Elsayed, 512 Mich at 104. “Rather, ……

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New Auto Liability Limits, Old Contract Law Principles Meet in Published Court of Appeals Opinion

In June of 2019, the Legislature amended MCL 500.3009 as part of a collection of no-fault reform measures. Progressive Marathon Ins Co v Pena, ___ Mich App ___, ___; ___ NW2d ___ (2023) (Docket No. 358849); slip op at 3. The reforms included changes to liability coverage and raised the minimum bodily injury liability limits…

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Don’t Forget to Take a Break When ‘Lyfting’!

Duato defines what it means for a motor vehicle that is not covered under a personal policy of insurance to be available for the regular use of an otherwise insured driver. The Court of Appeals considered a driver’s uninterrupted use of the non-covered auto, the length of time the vehicle was at a driver’s disposal,…

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Direct Evidence is Necessary to Prove Unlawful Services Under MCL 500.3157

Farm Bureau General Insurance Company v Maple Manor Neuro Center, Inc., unpublished opinion per curiam of the Court of Appeals, issued November 16, 2023 (Docket No. 362824) holds that evidence of past or future unlicensed services is not enough to show services were unlawful. Insurers must produce evidence showing that, at the time the services…

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Just Peachy: Speculation Does Not Lead to a Reasonable Inference About When a Hazard Arose

Post Kandil-ElSayed, claimants must still present evidence to create a question of fact regarding constructive notice against a premises owner. Since the claimant here did not present sufficient evidence to create a question of fact regarding whether Meijer had constructive notice of the spill, the case was correctly dismissed.

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Michigan Drug Immunity Repeal Gives Shot in the Arm to Plaintiffs’ Bar

Since 1995, pharmaceutical manufacturers and sellers have enjoyed tort immunity in Michigan under MCL 600.2946 when (1) the drug was approved by the federal Food and Drug Administration (“FDA”), (2) the manufacturer or seller did not fraudulently obtain the approval, (3) the drug and its labeling complied with the approval, and (4) the approval was…

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Open and Obvious Lives? Dismissal of Premises Liability Suit Affirmed Post-Kandil-Elsayed

Earlier this year, in Kandil-Elsayed v F & E Oil, Inc, ___ Mich ___ (2023) (Docket No. 162907), the Michigan Supreme Court overruled Lugo v Ameritech Corp, Inc, 464 Mich 512 (2001). In doing so, the Court held that “the open and obvious danger doctrine” is no longer “part of a land possessor’s duty.” Kandil-Elsayed,___…

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