On August 1, 2013, the Court of Appeals released a decision for publication in the case of McLean v. City of Dearborn, clarifying the strict requirements that notice of a claim for defective sidewalks under the highway exception to governmental immunity must be served on the individuals authorized by the governmental immunity statute, not the third-party [...]
Tag: slip and fall
Michigan Supreme Court Holds Employee Injured In Parking Lot Not Owned or Leased by Employer Did Not Suffer Injury “arising out of” or “in the course of” Employment Sufficient to Prove Right to Workers Compensation Benefits
On June 21, 2013, the Michigan Supreme Court issued a peremptory (in lieu of) order under MCR 7.315(H)(1) reversing the decisions of the lower tribunals (the Michigan Court of Appeals) and remanded this case to the Michigan Compensation Appellate Commission for entry of judgment in favor of the employer and its insurer and against the [...]
2-1 Court of Appeals Opinion Rules Landlord Not Liable to Tenant for Failure to Maintain Common Pathway to Access Trash Disposal
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. Â Several other tenants lived in separate apartments in the same structure. Â A common area (driveway / pathway) was accessed by [...]
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 et al.,  Unpublished Opinion of the Michigan Court of Appeals, released February 14, 2013 (COA Docket No. [...]