STATE OF MICHIGAN
COURT OF APPEALS
WHITNEY SCHUSTER, UNPUBLISHED
November 30, 2017
Plaintiff-Appellant,
v No. 335246
Kent Circuit Court
RIVER OAKS GARDEN APARTMENTS LLC, LC No. 14-005418-NO
Defendant-Appellee.
Before: HOEKSTRA, P.J., and STEPHENS and SHAPIRO, JJ.
HOEKSTRA, J. (concurring).
I concur in the majority’s opinion in light of the Michigan Supreme Court’s decision in
Allison v AEW Capital Mgt, LLP, 481 Mich 419; 751 NW2d 8 (2008). However, for the reasons
stated by Justice Corrigan in her concurring opinion in Allison, I believe that the duty to maintain
common areas in a condition that is “fit for the use intended by the parties” applies to
“significant, structural defects,” and I question whether this statutory duty under MCL
554.139(1)(a) extends “to transitory conditions such as snow and ice accumulations.” Allison,
481 Mich at 439-443 (CORRIGAN, J., concurring).
/s/ Joel P. Hoekstra
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