Benton v. Dart Properties Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a sidewalk that was “covered with ice” approximately four to five feet long with no lighting to illuminate the ice was not fit for walking, i.e., the use intended by the parties [emphasis added]
• noting that, once there is a question of fact as to whether the property at issue was fit for its intended use, “the next question is whether [the] defendant breached its duty under MCL 554.139(1)(a).”
• identifying a duty owed the plaintiff as an essential element of actions sounding in premises liability
• stating that “a tenant is an invitee of the landlord”
• “Because the intended use of a sidewalk is walking on it, a sidewalk covered with ice is not fit for this purpose.”
• “Because the intended use of a sidewalk is walking on it, a sidewalk covered with ice is not fit for this purpose.”

Source: CourtListener parenthetical corpus (CC0).