Stephanie Battle v. Anderson Villas LLC
332276
| Mich. Ct. App. | Jun 13, 2017Background
- Battle slipped on an icy sidewalk outside her apartment at Anderson Villas; the sidewalk connected a private walk to a common area and parking lot.
- Plaintiff sued Anderson Villas LLC and Erie Investments LLC for common law negligence and violation of MCL 554.139(1)(a) to keep common areas fit for their intended use.
- Defendants moved for summary disposition under MCR 2.116(C)(10), arguing the sidewalk was fit for use and the ice patch was open and obvious.
- Trial court granted summary disposition, finding the sidewalk fit for use and the ice patch open and obvious or not effectively unavoidable.
- Appellate court reverses, holding there is a genuine issue of material fact about breach of the statutory duty and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the record show a genuine issue of material fact on breach of MCL 554.139(1)(a)? | Battle argues defendants failed to keep sidewalks fit for walking. | Anderson/Erie contend the sidewalk was fit for use and ice was open/obvious. | Yes; material factual dispute exists; trial court erred. |
| Is the icy, snow-covered sidewalk effectively unavoidable or open and obvious to bar the claim under common law? | Battle contends danger was not open/obvious and could be effectively unavoidable. | Defendants argue open/obvious or avoidable; lessor not liable. | Unnecessary to decide; reversed and remanded on statutory duty. |
Key Cases Cited
- Allison v AEW Capital Mgt LLP, 481 Mich 419 (2008) (duty to keep common areas fit for use; higher standard for landlords under MCL 554.139(1)(a))
- Benton v Dart Properties, 270 Mich App 437 (2006) (common areas; sidewalks as common areas; duty to provide reasonable access; weight of evidence on preventive measures)
- Teufel v Watkins, 267 Mich App 425 (2005) (overruled to extent conflict with 554.139; duty includes snow/ice removal in common areas)
- Trentadue v Buckler Automatic Lawn Sprinkler Co., 266 Mich App 297 (2005) (genuine issue when reasonable minds may differ on preventive measures)
- West v Gen Motors Corp, 469 Mich 177 (2003) (genuine issue of material fact standard for summary disposition)