Fuga v. Comerica Bank-Detroit

In this premises liability action, plaintiff appeals as of right an order of the Wayne Circuit Court that granted defendant summary disposition pursuant to MCR 2.116(C)(8). Plaintiff had been injured in a criminal attack by a third party while using one of defendant’s automatic teller machines (atm). Plaintiffs complaint alleged theories of negligence, nuisance, and gross negligence. We affirm.

With regard to plaintiff’s claim of negligence, in Williams v Cunningham Drug Stores, Inc, 429 Mich 495; 418 NW2d 381 (1988), our Supreme Court held that, as a matter of law, the duty of reasonable care…