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Premises Liability / September 29, 2009
Court/Case No: Michigan Court of Appeals/Docket No. 286502
Tried/Argued Before: Michigan Court of Appeals
Name of Judge(s):
Keys to the Case:
Court of Appeals reversed the trial court’s denial of Defendant’s motion for summary disposition because the appellate court concluded that Plaintiff did not present sufficient evidence to create an issue of fact that the Defendants had actual or constructive notice of a latent defect in a tree on Defendants’ property that broke unexpectedly and fell on Plaintiff, and killed him, as he was passing by the tree. The key to the case was that Defendants had no duty to have their tree inspected or examined where there was no visible or apparent hazard regarding the tree.
Defense SW attorney(s) Involved in Case: