Whitney Schuster v. River Oaks Garden Apartments LLC

Opinion

STATE OF MICHIGAN

COURT OF APPEALS

WHITNEY SCHUSTER, UNPUBLISHED November 30, 2017

Plaintiff-Appellant,

v No. 335246 Kent Circuit Court

RIVER OAKS GARDEN APARTMENTS LLC, LC No. 14-005418-NO

Defendant-Appellee.

Before: HOEKSTRA, P.J., and STEPHENS and SHAPIRO, JJ.

HOEKSTRA, J. (concurring).

I concur in the majority’s opinion in light of the Michigan Supreme Court’s decision in Allison v AEW Capital Mgt, LLP, 481 Mich 419; 751 NW2d 8 (2008). However, for the reasons stated by Justice Corrigan in her concurring opinion in Allison, I believe that the duty to maintain common areas in a condition that is “fit for the use intended by the parties” applies to “significant, structural defects,” and I question whether this statutory duty under MCL 554.139(1)(a) extends “to transitory conditions such as snow and ice accumulations.” Allison, 481 Mich at 439-443 (CORRIGAN, J., concurring).

/s/ Joel P. Hoekstra