Boynton v. Thunderbowl Recreation of Alpena, Inc.

Michigan Court of Appeals

Boynton v. Thunderbowl Recreation of Alpena, Inc.

164 N.W.2d 692, 13 Mich. App. 562, 1968 Mich. App. LEXIS 1094

CourtMichigan Court of Appeals

DecidedSeptember 26, 1968

DocketDocket No. 4,183

StatusPublished

This text of 164 N.W.2d 692 (Boynton v. Thunderbowl Recreation of Alpena, Inc.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boynton v. Thunderbowl Recreation of Alpena, Inc., 164 N.W.2d 692, 13 Mich. App. 562, 1968 Mich. App. LEXIS 1094 (Mich. Ct. App. 1968).

Pincite

Opinion

McGregor, P. J.

Plaintiff, a business invitee, was injured on February 5, 1966, upon leaving a restaurant owned by Denstaedt who leased the building space from Thunderbowl. The injury was caused by an ice accumulation which formed at the base of a wind screen, constructed at the tenant’s request, to protect a glass door. The municipal court gave plaintiff a judgment for damages against the landlord.

Appeal to the circuit court, sitting without a jury, resulted in a decision vacating the judgment of the municipal court and granting damages for plaintiff against tenant on a negligence theory.

The fact situation presents two additional questions: (1) notwithstanding a hold-harmless agreement between the landlord and tenant, whether the landlord was negligent, and (2) whether the landlord was liable for a nuisance in fact, in light of the surrounding circumstances represented by the dangerous condition of the doorway area. Bluemer [564]*564v. Saginaw Central Oil & Gas Service (1959), 356 Mich 399.

The matter is remanded for further proceedings, so that the lower court may answer the above questions.

Holbrook and C. Kaufman, JJ., concurred.

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