OREL v. UNI-RAK SALES CO., INC.

Docket No. 102971, Calendar No. 12.

563 N.W.2d 241 (1997)

454 Mich. 564

Terry OREL and Janet Orel, Plaintiffs-Appellees, and Zurich-American Insurance Group, Intervening Plaintiff, v. UNI-RAK SALES COMPANY, INC., a Michigan Corporation, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 10, 1997.


Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. by Patrick Burkett, Southfield, for plaintiffs-appellees.

Garan, Lucow, Miller, Seward & Becker, P.C. by Thomas L. Misuraca and David M. Shafer, Detroit, for defendant-appellant.


Opinion

MICHAEL F. CAVANAGH, Justice.

In this case, we are asked to determine whether it was proper for the trial court to instruct the jury on SJI2d 19.02.1 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...

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