This is an interesting case if only for the colloquy between the majority opinion and Judge Shapiro's dissent. The facts are unremarkable. Plaintiff was a residential tenant living in an apartment owned by the defendant. Several other tenants lived in separate apartments in the same structure. A common area (driveway / pathway) was accessed by [...]
Tag: Premises Liability
Court of Appeals Rejects Plaintiff’s Premises Liability Claim and Explains Difference Between “Speculation and Conjecture” and “Reasonable Inference” in Proving Negligence
In this otherwise unremarkable "slip and fall" case, the Court of Appeals neatly illustrates the insufficiency of speculation and conjecture about the cause of an alleged injury suffered by the plaintiff in the defendant's store. In Fedrick v. KMart Corp. et al., Unpublished Opinion of the Michigan Court of Appeals, released February 14, 2013 (COA Docket No. [...]