COA reverses dismissal of premises liability action.

Byline: eric.berkman

A Michigan Court of Appeals panel reversed a Genesee Circuit Court ruling granting summary disposition in a premises liability case brought by a tenant who fell down snow-and-ice-covered exterior steps.

In Stone v. Boulder Creek Apartments LLC (MiLW No. 08-101622, 5 pages), plaintiff Kristen Stone alleged that the owners of her apartment complex took insufficient steps to maintain the premises in a reasonably safe condition.

The defendants argued successfully to the trial court that because another tenant was able to navigate the steps and landing successfully, there was no question they met their duty as residential landlords to keep common areas fit for their intended use under MCL 554.139(1)(a).

But the COA reversed, finding a triable issue as to whether the defendants satisfied that statutory duty.

"According to defendants' argument, landlords would never have to remove the accumulations of snow and ice from their common areasincluding sidewalks and stairwaysas long as a single person traversed the area without incident," the opinion stated. "But that position is unreasonable and untenable."

Judges Thomas C. Cameron, Mark J. Cavanagh and Douglas B. Shapiro ruled unanimously in the unpublished opinion.

"We're pleased that the Court of Appeals applied the proper legal framework and realized the error of the trial court and we're happy our client will get an opportunity to have her day in court," said plaintiff's counsel Christopher P. Desmond of Johnson Law PLC in Detroit.

Desmond added that even though this is an unpublished opinion, it'll be useful going forward.

"In future instances when we're dealing with a staircase covered in snow and ice, it's potential ammunition for other tenants to cite to an instance where the Court of Appeals reversed a grant of summary disposition in a landlord's favor," he said.

Defense attorney James E. O'Neill III could not be reached for comment.

The case

The plaintiff leased an apartment in a complex owned and operated by defendants Boulder Creek Apartments LLC and USA Asset Fund LLC.

At about 11 a.m. on Dec. 15, 2013, she was leaving her building to go shopping.

When she stepped out of the door of her building, she encountered snow and ice completely covering the landing and the 10-to-12-step stairway, according to the COA opinion.

The snow and ice caused her to fall, sending her sliding down each step feet-first until she landed at the bottom, suffering an ankle injury.

According...