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STATE OF MICHIGAN COURT OF APPEALS

PATRICIA DOMBROWSKI, Plaintiff-Appellee, v LAUREL CHAPEL, LLC, Defendant/Cross-Defendant/ Appellant, and VILLA DEL SIGNORE, INC., Defendant/Cross-Plaintiff/ Appellee.

UNPUBLISHED April 26, 2012

No. 301484 Wayne Circuit Court LC No. 09-006917-NO

Before: STEPHENS, P.J., and WHITBECK and BECKERING, JJ. PER CURIAM. Defendant/cross-defendant Laurel Chapel, LLC appeals by leave granted the trial court's order denying its motions for summary disposition. This case arises out of plaintiff Patricia Dombrowski's slip and fall at premises owned by defendant/cross-plaintiff, Villa Del Signore, Inc. and leased by Laurel Chapel. (Villa Del Signore also does business as Laurel Manor and Laurel Manor Banquet and Conference Center.) We reverse and remand. I. FACTS Laurel Chapel facilitates weddings on the subject premises (Laurel Chapel's facility). In January 2007, Dombrowski planned to attend her granddaughter's wedding at Laurel Chapel's facility. While Dombrowski was walking into Laurel Chapel's facility, she allegedly fell on black ice in the parking lot. Dombrowski characterized the ice as "black ice on asphalt not visible upon casual inspection." Dombrowski alleged that the "unnatural accumulation of black ice" resulted from water dripping off an awning adjacent to the entrance of the chapel. She further alleged that Laurel Chapel failed to maintain and salt the parking lot. Dombrowski filed suit against Laurel Chapel, alleging premises liability, negligence, and nuisance. With respect to her premises liability claim, Dombrowski alleged that Laurel Chapel breached its duties to inspect and maintain the parking lot, and to warn invitees of the dangerous -1-

condition that the black ice created. Regarding her negligence claim, Dombrowski alleged that Laurel Chapel breached its duty not to create a situation that allowed for the unnatural accumulation of black ice. And, with regard to her nuisance claim, Dombrowski alleged that Laurel Chapel was in possession and control of Laurel Chapel's facility, land, and structure, and that the condition of the location of her fall constituted a nuisance. Laurel Chapel asserted in its affirmative defenses that the allegedly dangerous condition was open and obvious. Laurel Chapel also asserted that Dombrowski failed to state a claim of nuisance and that she was comparatively negligent. In response to Dombrowski's requests for admissions, Laurel Chapel contended that the parking lot had in fact been salted on the day of the incident. Laurel Chapel filed a notice of non-party at fault, naming Villa Del Signore as a potentially responsible non-party because it actually "was the entity that had possession and control of the area where [Dombrowski] allegedly fell[.]" The trial court then granted Dombrowski's motion for leave to amend her complaint to add Villa Del Signore as a defendant. Laurel Chapel asserted the same affirmative defenses in response to Dombrowski's amended complaint but added that it was not liable because it was not the owner and did not have possession and control of the area where Dombrowski allegedly fell. Villa Del Signore filed a cross-complaint against Laurel Chapel, alleging that Laurel Chapel was obliged to indemnify Villa Del Signore under their lease agreement. Paragraph 2 of the lease agreement described the property to be leased as follows: The area known as Unit #1 which is approximately 1525 square feet consisting of the area known as the Chapel, the office area connected to the Chapel, the Dressing Room and the Room next to the Chapel (as well as 235 square feet of common area to be used with others). And

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Michigan Law