John Wheeler v. Busch's Inc

• Court: Michigan Court of Appeals
• Decided: November 19, 2019
• Docket: 344496
• Status: Unpublished

Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

JOHN WHEELER, UNPUBLISHED November 19, 2019 Plaintiff-Appellant,

v No. 344496 Oakland Circuit Court BUSCH’S INC., and SIMSBURY F/14 LLC LC No. 2017-156740-NO

Defendants-Appellees.

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.1

/s/ Michael J. Kelly

1 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).

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