Articles Posted in Notice

A plaintiff appealed an Oakland Circuit Court order granting summary disposition in favor of the defendant in a premises liability action. Holding the plaintiff failed to establish that he was the defendant’s tenant or that the defendant had notice of the alleged dangerous condition, the Michigan Appeals Court affirmed.

ice

In February 2014, the plaintiff drove to the defendant’s clubhouse to pay rent. As he walked back toward his car, he slipped on a patch of ice, fell, and was seriously injured. The plaintiff sued the defendant property owner/manager for negligence and a violation of his statutory duties. The defendant moved for summary disposition, arguing that it had no actual or constructive knowledge of the ice. The defendant further asserted that neither of the statutory violations alleged by the plaintiff applied. The trial court agreed, granted the defendant’s motion, and dismissed the plaintiff’s complaint. The plaintiff appealed.

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