Hadden v. McDermitt Apartments, LLC

782 N.W.2d 800, 287 Mich. App. 124
CourtMichigan Court of Appeals
DecidedJanuary 12, 2010
DocketDocket 286474
StatusPublished
Cited by38 cases

This text of 782 N.W.2d 800 (Hadden v. McDermitt Apartments, LLC) 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
Hadden v. McDermitt Apartments, LLC, 782 N.W.2d 800, 287 Mich. App. 124 (Mich. Ct. App. 2010).

Opinions

BECKERING, J.

Defendant appeals by leave granted the trial court’s order denying its motion for summary disposition with regard to plaintiffs claim that defendant breached its statutory duty under MCL 554.139(l)(a). We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E).

Plaintiff was a tenant in an upstairs apartment of defendant’s building. After twice calling defendant to complain about the presence of snow and ice on an outdoor stairway attached to the building, plaintiff slipped and fell on black ice when using the stairway. She fractured her left hip.

Plaintiff sued defendant for breach of its common-law duty to use reasonable care as a premises owner and also its statutory duty as a landlord to keep the premises and common areas fit for their intended use and the premises in reasonable repair under MCL 554.139(l)(a) and (b). Defendant moved for summary disposition under MCR 2.116(0(10), arguing that there was no genuine issue of material fact that the hazard was open and obvious, so it could not be held liable under a common-law premises liability theory. Defen[127]*127dant also argued that it was not liable under MCL 554.139(1) because its statutory duty did not extend to snow and ice removal.

Initially, the trial court completely denied defendant’s motion, but on the same day the trial court entered its order, our Supreme Court issued its decision in Allison v AEW Capital Mgt, LLP, 481 Mich 419; 751 NW2d 8 (2008). Defendant moved for reconsideration, arguing that applying Allison would change the outcome of the trial court’s decision.

The trial court granted in part defendant’s motion for reconsideration. It concluded, pursuant to the Court’s holding in Allison, that defendant had no statutory duty to keep the stairway in reasonable repair under MCL 554.139(l)(b). However, under MCL 554.139(l)(a), defendant had a duty to keep the stairway fit for its intended use. The trial court found the conclusion reached in Allison — that one to two inches of snow did not render a parking lot unfit for its intended use — distinguishable. The facts here included black ice, not just snow, and the intended use of easy ingress to and egress from the upstairs apartments was different from that of the parking lot in Allison. The trial court noted that, by its own terms, the statute is to be “liberally construed,” quoting MCL 554.139(3). Finally, the trial court concluded that plaintiff had waived her arguments against defendant’s “open and obvious danger” defense because she cited no caselaw supporting her position.

In this Court, the only issue properly presented is whether the trial court’s decision regarding MCL 554.139(1) (a) was erroneous given its finding that there is a material distinction between the facts here and those in Allison.

We review de novo a trial court’s decision to grant or deny a motion for summary disposition. Spiek v Dep’t of [128]*128Transp, 456 Mich 331, 337; 572 NW2d 201 (1998). Although we view substantively admissible evidence submitted at the time of the motion in the light most favorable to the party opposing the motion, the non-moving party must come forward with at least some evidentiary proof, some statement of specific fact upon which to base his or her case. Maiden v Rozwood, 461 Mich 109, 119-121; 597 NW2d 817 (1999); Skinner v Square D Co, 445 Mich 153, 161-162; 516 NW2d 475 (1994).

“MCL 554.139 provides a specific protection to lessees and licensees of residential property in addition to any protection provided by the common law.” Allison, 481 Mich at 425 (emphasis in original). MCL 554.139 provides, in relevant part:

(1) In every lease or license of residential premises, the lessor or licensor covenants:
(a) That the premises and all common areas are fit for the use intended by the parties.
(3) The provisions of this section shall be liberally construed....

For common areas, “the lessor effectively has a contractual duty to keep the [area] ‘fit for the use intended by the parties.’ ” Allison, 481 Mich at 429, quoting MCL 554.139(1)(a).

Our Supreme Court in Allison made it clear that an accumulation of snow and ice could implicate a landlord’s duty to keep the premises and all common areas fit for the use intended. Allison, 481 Mich at 438.1 In [129]*129Allison, at issue was whether “one to two inches of accumulated snow” in an apartment complex parking lot made the parking lot unfit for its intended use. Id. at 423. While the majority of justices agreed that the presence of snow and ice could make a parking lot unfit for its intended use, the Supreme Court held that the facts in Allison did not establish that tenants were unable to use the parking lot for its intended purpose:

A parking lot is constructed for the primary purpose of storing vehicles on the lot. “Fit” is defined as “adapted or suited; appropriate[.]” Random House Webster’s College Dictionary (1997). Therefore, a lessor has a duty to keep a parking lot adapted or suited for the parking of vehicles. A parking lot is generally considered suitable for the parking of vehicles as long as the tenants are able to park their vehicles in the lot and have reasonable access to their vehicles. A lessor’s obligation under MCL 554.139(l)(a) with regard to the accumulation of snow and ice concomitantly would commonly be to ensure that the entrance to, and the exit from, the lot is clear, that vehicles can access parking spaces, and that tenants have reasonable access to their parked vehicles. Fulfilling this obligation would allow the lot to be used as the parties intended it to be used.
In this case, in construing the meaning of these terms in the contract, neither of the parties has indicated that the intended use of the parking lot was anything other than basic parking and reasonable access to such parking. Plaintiffs allegation of unfitness was supported only by two facts: that the lot was covered with one to two inches of snow and that plaintiff fell. Under the facts presented in this record, we believe that there could not be reasonable differences of opinion regarding the fact that tenants were able to enter and exit the parking lot, to park their vehicles therein, and to access those vehicles. Accordingly, plaintiff has not established that tenants were unable to use the parking lot for its intended purpose, and his claim fails as a matter of law.
[130]*130While a lessor may have some duty under MCL 554.139(l)(a) with regard to the accumulation of snow and ice in a parking lot, it would be triggered only under much more exigent circumstances than those obtaining in this case. The statute does not require a lessor to maintain a lot in an ideal condition or in the most accessible condition possible, but merely requires the lessor to maintain it in a condition that renders it fit for use as a parking lot. Mere inconvenience of access, or the need to remove snow and ice from parked cars, will not defeat the characterization of a lot as being fit for its intended purposes. [Id. at 429-430.]

While the Allison Court specifically referenced parking lots, the principles set forth apply to all common areas, including stairways.

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Cite This Page — Counsel Stack

Bluebook (online)
782 N.W.2d 800, 287 Mich. App. 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hadden-v-mcdermitt-apartments-llc-michctapp-2010.