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Woodbury v. Bruckner

Supreme Court of Michigan
Dec 26, 2002
467 Mich. 922 (Mich. 2002)

Summary

remanding the case because the open and obvious danger doctrine could not be employed to avoid the application of a duty established by statute

Summary of this case from Rockov v. Lilley Pointe Condo. Ass'n

Opinion

No. 120731.

December 26, 2002.


COA: 204411, Monroe CC: 95-003133-NO

On order of the Court, the application for leave to appeal from the December 14, 2001 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND the case to the Court of Appeals for a determination whether the defendants violated the "reasonable repair" requirement of MCL 554.139(1)(b). The open and obvious doctrine cannot be used to avoid a specific statutory duty. Jones v Enertel, Inc, 467 Mich. 266, 270 (2002). If necessary, the Court of Appeals may, while retaining jurisdiction, remand the case to the trial court for resolution of any factual dispute regarding the applicability of MCL 554.139(1)(b).

We retain jurisdiction.


Summaries of

Woodbury v. Bruckner

Supreme Court of Michigan
Dec 26, 2002
467 Mich. 922 (Mich. 2002)

remanding the case because the open and obvious danger doctrine could not be employed to avoid the application of a duty established by statute

Summary of this case from Rockov v. Lilley Pointe Condo. Ass'n

remanding the case because the open and obvious danger doctrine could not be employed to avoid the application of a duty established by statute

Summary of this case from Wilson v. BRK, Inc.
Case details for

Woodbury v. Bruckner

Case Details

Full title:RUTH WOODBURY, Plaintiff-Appellee, v. CHARLES I. BRUCKNER and ALICE C…

Court:Supreme Court of Michigan

Date published: Dec 26, 2002

Citations

467 Mich. 922 (Mich. 2002)
658 N.W.2d 482

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