Penny v. Schultz

1 Citing case

  1. Spencer v. DTE Elec. Co.

    No. 17-1168 (6th Cir. Dec. 27, 2017)   Cited 3 times

    The district court correctly concluded that "Michigan law distinguishes between claims arising from ordinary negligence and claims premised on a condition of the land," and that if a plaintiff's injury "arose from an allegedly dangerous condition on the land, the action sounds in premises liability rather than ordinary negligence." Buhalis v. Trinity Continuing Care Servs., 822 N.W.2d 254, 258 (Mich. Ct. App. 2012); see Jahnke v. Allen, 865 N.W.2d 49, 52 (Mich. Ct. App. 2014) (holding that the facts only supported a premises liability claim, and not a negligence claim, where the plaintiff fell as a result of concrete pavers that had been removed from an area of the premises under construction); Penny v. Schultz, No. 331641, 2017 WL 2960661, at *6 (Mich. Ct. App. 2017) (holding that the facts only supported a premises liability claim where the plaintiff fell from a deck that did not have stairs). Further, as discussed below, Plaintiff's premises liability claim fails because the hazard was open and obvious and there are no special aspects that warrant ignoring the doctrine in this case.