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 UNPUBLISHED Oakland Circuit Court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