Kachudas v. Invaders Self Auto Wash, Inc.
| Decision Date | 21 May 2010 |
| Docket Number | Docket No. 139794.,COA No. 281411. |
| Citation | 781 N.W.2d 806 |
| Parties | Paul KACHUDAS, Plaintiff-Appellee, v. INVADERS SELF AUTO WASH, INC., Defendant-Appellant. |
| Court | Michigan Supreme Court |
On April 15, 2010, the Court heard oral argument on the application for leave to appeal the September 1, 2009 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.302(H)(1). In lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the Genesee Circuit Court's September 6, 2007 order granting summary disposition to the defendant. The Court of Appeals erred by reversing the circuit court's ruling on the basis that the plaintiff's claim sounded in ordinary negligence. The plaintiff, who was allegedly injured by slipping on the icy surface of the defendant's premises, claimed that he was injured by a condition of the land, and as such, the claim was one for premises liability, as the circuit court correctly recognized. James v. Alberts, 464 Mich. 12, 18-19, 626 N.W.2d 158 (2001). Although an injured person may pursue a claim in ordinary negligence for the overt acts of a premises owner on his or her premises, Laier v. Kitchen, 266 Mich.App. 482, 702 N.W.2d 199 (2005), the plaintiff in this case is alleging injury by a condition of the land, and as such, his claim sounds exclusively in premises liability. In addition, the circuit court properly ruled that the alleged hazardous condition was open and obvious, because a reasonably prudent average user of ordinary intelligence spraying water outdoors in a temperature range of 11 to 24 degrees would anticipate the likelihood of freezing and the resulting danger therefrom. Mann v. Shusteric Enterprises, Inc., 470 Mich. 320, 330, 683 N.W.2d 573 (2004); Slaughter v. Blarney Castle Oil Co., 281 Mich.App. 474, 478-479, 760 N.W.2d 287 (2008).
I would affirm the Court of Appeals result. I agree with the order's conclusion that plaintiff's claim sounds in premises liability, and the Court of Appeals erred by reversing the circuit court's ruling on the basis that it sounds in ordinary negligence. See James v. Alberts, 464 Mich. 12, 18-19, 626 N.W.2d 158 (2001), and Bertrand v. Alan Ford, Inc., 449 Mich. 606, 609-611, 537 N.W.2d 185 (1995). I would nonetheless affirm the Court of Appeals result because, on the facts of this case, summary disposition was improper. Plaintiff has raised a genuine issue of...
To continue reading
Request your trial
-
Finazzo v. Fire Equip. Co.
...Buhalis v. Trinity Continuing Care Servs. , 296 Mich. App. 685, 692, 822 N.W.2d 254 (2012) ; see also Kachudas v. Invaders Self Auto Wash, Inc. , 486 Mich. 913, 781 N.W.2d 806 (2010). A condition of the land is open and obvious when "it is reasonable to expect that an average person with or......
-
Ramadan v. Home Depot, Inc.
...the plaintiff was on defendant's land as an invitee at the time of the accident. See id. at 211.Home Depot mainly relies on Kachudas v. Invaders Self Auto Wash, Inc. , to defend its position. 486 Mich. 913, 781 N.W.2d 806 (2010). In Kachudas , the Michigan Supreme Court concluded that the p......
-
Cote v. Lowe's Home Ctr., Inc.
...was caused only “by a condition of the land ... his claim sounds exclusively in premises liability.” Kachudas v. Invaders Self Auto Wash, Inc., 486 Mich. 913, 781 N.W.2d 806, 806 (2010). In James v. Alberts, 464 Mich. 12, 626 N.W.2d 158 (2001), for example, the Michigan Supreme Court noted ......
-
Scola v. JP Morgan Chase Bank, Nat'l Ass'n
...an allegation of "injury by a condition of the land ... sounds exclusively in premises liability." Kachudas v. Invaders Self Auto Wash, Inc. , 486 Mich. 913, 914, 781 N.W.2d 806 (2010). But here, plaintiff is not focused on defendants’ actions. Rather, the gist of the claim is that defendan......