Opinion
Docket No. 144055. COA No. 295801.
2012-05-23
Devon Scott BAILEY, Plaintiff–Appellee/Cross–Appellant, v. Steven Gerome SCHAAF, Defendant, and T.J. Realty, Inc., d/b/a Hi–Tech Protection, Timothy Johnson, Captain William Boyd Baker, Christopher Lee Campbell, Defendants–Appellees, and Evergreen Regency Townhomes, Ltd., and Radney Management & Investments, Defendants–Appellants/Cross–Appellees.
Prior report: 293 Mich.App. 611, 810 N.W.2d 641.
Order
On order of the Court, the application for leave to appeal the August 18, 2011 judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are considered. The application for leave to appeal is GRANTED. The parties shall include among the issues to be briefed whether the Court of Appeals erred when it extended the limited duty of merchants—to involve the police when a situation on the premises poses an imminent risk of harm to identifiable invitees, see MacDonald v. PKT, Inc., 464 Mich. 322, 628 N.W.2d 33 (2001)—to landlords and other premises proprietors, such as the defendant apartment complex and property management company. The application for leave to appeal as cross-appellant remains pending.
The Michigan Defense Trial Counsel, Inc. and the Michigan Association for Justice are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.