Opinion
SC: 159062 COA: 339271
09-27-2019
Dean MCMASTER, Plaintiff-Appellant/Cross-Appellee, v. DTE ELECTRIC COMPANY, Defendant-Appellee/Cross-Appellant, and Ferrous Processing and Trading Company, d/b/a Ferrous Processing & Trading Co., Defendant.
Order
On order of the Court, the application for leave to appeal the November 8, 2018 judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are considered and, pursuant to MCR 7.305(H)(1), in lieu of granting the application for leave to appeal, we VACATE Part III of the opinion, titled "Common-Law Duty." The Court of Appeals erred when it applied the open and obvious doctrine to this ordinary negligence case. The open and obvious doctrine is applicable to a claim that sounds in premises liability: "the question is whether the condition of the premises at issue was open and obvious ...." Lugo v. Ameritech Corp., Inc. , 464 Mich. 512, 523, 629 N.W.2d 384 (2001). Here, the cause of action does not sound in premises liability but rather in ordinary negligence. Accordingly, we REMAND this case to the Court of Appeals for application of the law of ordinary negligence and for consideration of the issues raised by the parties on the question of the defendant’s legal duty. The application for leave to appeal as cross-appellant is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.