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Wheeler v. Busch's Inc.

STATE OF MICHIGAN COURT OF APPEALS
Nov 19, 2019
No. 344496 (Mich. Ct. App. Nov. 19, 2019)

Opinion

No. 344496

11-19-2019

JOHN WHEELER, Plaintiff-Appellant, v. BUSCH'S INC., and SIMSBURY F/14 LLC Defendants-Appellees.


If this opinion indicates that it is "FOR PUBLICATION," it is subject to revision until final publication in the Michigan Appeals Reports. UNPUBLISHED Oakland Circuit Court
LC No. 2017-156740-NO Before: M. J. KELLY, P.J., and FORT HOOD and SWARTZLE, JJ. M. J. KELLY, J. (concurring).

But for the Supreme Court's order in Janson v Sajewski Funeral Home, Inc, 486 Mich 934 (2010), I would hold that a jury should decide whether, on casual inspection plaintiff, John Wheeler, reasonably perceived the pavement to be wet rather than covered in black ice. However, as I am bound by our Supreme Court's order in Janson, I concur in the result reached by the majority.

An order of the Supreme Court is binding precedent when the rationale that the Court employed can be understood. Evans & Luptak, PLC v Lizza, 251 Mich App 187, 196; 650 NW2d 364 (2002). --------

/s/ Michael J. Kelly


Summaries of

Wheeler v. Busch's Inc.

STATE OF MICHIGAN COURT OF APPEALS
Nov 19, 2019
No. 344496 (Mich. Ct. App. Nov. 19, 2019)
Case details for

Wheeler v. Busch's Inc.

Case Details

Full title:JOHN WHEELER, Plaintiff-Appellant, v. BUSCH'S INC., and SIMSBURY F/14 LLC…

Court:STATE OF MICHIGAN COURT OF APPEALS

Date published: Nov 19, 2019

Citations

No. 344496 (Mich. Ct. App. Nov. 19, 2019)