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Shoulders v. Record Realty Co.

Michigan Court of Appeals
Oct 1, 1990
185 Mich. App. 606 (Mich. Ct. App. 1990)

Opinion

Docket No. 117805.

Decided October 1, 1990.

O'Reilly, Rancilio, Nitz, Andrews Turnbull, P.C. (by Frank Krycia), for plaintiff.

Siemion, Huckabay, Bodary, Padilla Morganti, P.C. (by Raymond W. Morganti), for defendant.

Before: REILLY, P.J., and CYNAR and WAHLS, JJ.


Plaintiff appeals as of right from the trial court's order granting defendant Record Realty Company's motion for summary disposition pursuant to MCR 2.116(C)(8) and (10). Plaintiff had alleged that Record Realty, the landlord, failed to take certain measures which would have prevented a criminal assault against him by defendant Charles Hamilton, a tenant, during a visit to Hamilton's apartment. We affirm, but for reasons other than those stated by the trial judge.

Assuming that the facts alleged in plaintiff's complaint are true, the landlord had no duty to protect plaintiff from the criminal assault by the tenant because: (1) the assault occurred in an area in which the tenant had exclusive possession and control; (2) plaintiff did not enjoy any type of special relationship with the landlord; and (3) the landlord's obligation to provide premises which were reasonably safe and fit for habitation did not require it to protect a visitor to the apartment from an emotional outburst by the tenant, even though the tenant may have had a reputation for violence. See Williams v Cunningham Drug Stores, Inc, 429 Mich. 495; 418 N.W.2d 381 (1988); Williams v Detroit, 127 Mich. App. 464, 468; 339 N.W.2d 215 (1983); Roberts v Pinkins, 171 Mich. App. 648; 430 N.W.2d 808 (1988). The absence of a duty therefore precludes any liability on the part of Record Realty. The trial court did not err in granting Record Realty's motion for summary disposition.

Affirmed.


Summaries of

Shoulders v. Record Realty Co.

Michigan Court of Appeals
Oct 1, 1990
185 Mich. App. 606 (Mich. Ct. App. 1990)
Case details for

Shoulders v. Record Realty Co.

Case Details

Full title:SHOULDERS v RECORD REALTY COMPANY

Court:Michigan Court of Appeals

Date published: Oct 1, 1990

Citations

185 Mich. App. 606 (Mich. Ct. App. 1990)
462 N.W.2d 803