Opinion
No. 122536.
June 12, 2003.
COA: 229003, Kent CC: 96-003945-NI
On order of the Court, the application for leave to appeal from the September 24, 2002 decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE, in part, the Court of Appeals opinion and REMAND the matter to that court for reconsideration in light of Lugo v. Ameritech Corp, Inc, 464 Mich. 512 (2001). In deciding summary disposition motions by premises possessors in "open and obvious" cases, courts should focus on the objective nature of the condition of the premises at issue, not of the subjective degree of care used by the plaintiff. Id. at 523-524.