Legal Opinion · Dissent

Allison v. AEW CAPITAL MANAGEMENT, LLP

Michigan Supreme Court

Decided June 25, 2008No. Docket 133771Published

1DissentCavanagh, J.

0dissenting). I agree with the majority’s conclusions under MCL 554.139(1) (a) that a parking lot is a common area, the intended use of a parking lot includes walking to and from parked vehicles, accumulations of ice and snow may be subject to a landlord’s duties under § 139(l)(a), and the “open and obvious danger” doctrine is inapplicable to the duty created by the statute.1 However, I disagree with the majority’s application of § 139(l)(a) in this case. While I tend to agree with the majority that one or two inches of snow would rarely make a parking lot unfit for its intended use under §…

2Cases cited3 opinions

  1. Williams v. Cunningham Drug Stores, IncMichigan Supreme Court · 1988
  2. Quinlivan v. Great Atlantic & Pacific Tea Co.Michigan Supreme Court · 1975
  3. Allison v. AEW Capital Management, LLPMichigan Court of Appeals · 2007

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