PREBENDA v. TARTAGLIA

Docket No. 215643.

627 N.W.2d 610 (2001)

245 Mich. App. 168

Francis PREBENDA, Personal Representative of the Estate of Lottie Prebenda, Deceased, Plaintiff-Appellant, v. Alfred TARTAGLIA and Guido Tartaglia, d/b/a Greenwoods Apartments, and Guido Tartaglia, Individually, Defendants-Appellees.

Court of Appeals of Michigan.

Decided March 27, 2001, at 9:00 a.m.

Released for Publication May 18, 2001.


Attorney(s) appearing for the Case

Stanley R. Mikiciuk, Dearborn, for the plaintiff.

Raftery & Associates, P.C. (by James J. Raftery), Southfield, for the defendants.

Before BANDSTRA, C.J., and WILDER and COLLINS, JJ.


BANDSTRA, C.J.

Plaintiff appeals as of right an order granting defendants' motion for summary disposition pursuant to MCR 2.116(C)(10). We affirm.

The facts of this case can be stated simply. Plaintiff's decedent was a tenant (invitee) of defendants' apartment complex. Returning home, she entered a vestibule and came to a solid door leading to a common hallway shared with other apartments. As she was attempting to pull the door open, a guest of another apartment...

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