BENTON v. DART PROPERTIES INC.

Docket No. 256465.

715 N.W.2d 335 (2006)

270 Mich. App. 437

Bradley S. BENTON, Plaintiff-Appellant, v. DART PROPERTIES INCORPORATED, Defendant-Appellee.

Court of Appeals of Michigan.

Decided March 28, 2006, at 9:05 a.m.

Released for Publication June 12, 2006.


Attorney(s) appearing for the Case

Carolan & Carolan, P.C. (by Richard J. Carolan), St. Clair Shores, for the plaintiff.

Gregory and Meyer, P.C. (by Corinne F. Shoop and Paul J. Ellison), Troy, for the defendant.

Before: COOPER, P.J., and FORT HOOD and BORRELLO, JJ.


PER CURIAM.

Plaintiff appeals as of right an order granting summary disposition in favor of defendant. The issue raised by plaintiff in this matter is whether the affirmative duty imposed on a landlord pursuant to MCL 554.139(1)(a), to maintain interior sidewalks in an apartment complex in a condition fit for the use intended, can be circumvented by the open and obvious danger doctrine. We hold that the open and obvious danger doctrine cannot bar a claim against a...

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