Plaintiff’s
decedent, Mae Hendrix, lived in an apartment owned by defendant. She slipped
and fell on a driveway that was a common area used by tenants to access their
apartments. Plaintiff sued defendant, alleging common law premises liability
and breach of MCL 554.139(1)(a). The trial court granted summary disposition in
favor of defendant. The Court of Appeals, in a split unpublished opinion,
reversed the dismissal of the statutory claim. The Court of Appeals majority held
that the driveway was akin to a sidewalk, and, instead of applying Allison v AEW Capital Mgt, LLP, 481 Mich
419 (2008), it applied Benton v Dart
Props, Inc, 270 Mich App 437 (2006), concluding that plaintiff had established
a genuine issue of material fact whether defendant breached its duty under MCL
554.139(1)(a). The Supreme Court has ordered oral argument on defendant’s
application for leave to appeal to address whether genuine issues of material
fact preclude summary disposition on plaintiff’s claim that the driveway was
not “fit for the use intended by the parties.”
MCL 554.139(1)(a).