Orel v. Uni-Rak Sales Co., Inc.

In this case, we are asked to determine whether it was proper for the trial court to instruct the jury on SJI2d 19.02. This instruction allowed the jury to determine, for purposes of premises liability, whether the defendant had possession and control of the parking lot in which plaintiff fell. We hold that the invitee status of a plaintiff, alone, does not create a duty under premises liability law unless the invitor has possession and control of the premises on which the plaintiff was injured.

I. FACTS AND PROCEEDINGS

The defendant operated a small factory in Inkster that manufactured storage…