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Premises Liability / December 8, 2016
Court/Case No: Macomb County Circuit Court/2015-4625-NO
Tried/Argued Before: Judge
Name of Judge(s): Honorable Kathryn Viviano
Keys to the Case:
Plaintiff sued his condominium association after slipping and falling on black ice in his driveway. Plaintiff sued Chelsea Glen under the Landlord-Tenant Act as well as in general negligence for the alleged negligent installation or maintenance of gutters as the cause of the accumulation of ice in the given area.
The Court correctly followed the recently published case of Francescutti v Fox Chase Condo Association, 312 Mich App 640 (2015). The Francescutti court held that when a defendant does not lease common areas to a plaintiff, under a lease, a defendant is not a “lessor” under MCL 554.139 and the statute will not be applicable. Moreover, the Court further relied on the Francescutti decision in finding that the gravemen of Plaintiff’s Complaint sounded strictly in premises liability. As Plaintiff was a co-owner of the condominium unit, he could not be considered either a licensee or an invitee. At the end of the day, Plaintiff’s claims amounted to him actually suing himself.
Defense SW attorney(s) Involved in Case: