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Case Citations [1] (Spring 2025)

handle is hein.ali/resttlph5323 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2025 Citations TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM Generally Mich.2023. Cit. generally in sup. and in diss. op. In combined cases, invitees filed premises-liability actions against possessors of land, alleging that they were injured when they slipped or tripped and fell on dangerous conditions on possessors' properties. The court of appeals in each case ruled that possessors did not owe invitees a duty, because the conditions were open and obvious and presented no special aspects. This court reversed and remanded, holding that the open-and-obvious nature of a condition was relevant to a party's breach and the parties' comparative fault, rather than to a party's duty, and that, under Restatement Second of Torts §§ 343 and 343A, a possessor of land was not relieved of the duty of reasonable care to an invitee when the possessor should have anticipated the harm that resulted from an open-and-obvious condition, despite its obviousness. A dissent argued that the majority's approach to analyzing §§ 343 and 343A was nearly the same as the approach set forth in the Restatement Third of Torts: Liability for Physical and Emotional Harm, which had not been adopted by Michigan and was inconsistent with Michigan common law. Another dissent pointed out that the court was not required to adopt any aspect of any version of the Restatement of Torts. Kandil-Elsayed v. F & E Oil, Inc., 1 N.W.3d 44, 50, 76-78, 94. CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS § 2. Recklessness C.A.10, 2024. Quot. in sup. Parents of a 911 caller who falsely reported that he was armed, had killed two people, and was holding hostages sued police officer who responded to the call, alleging that officer shot and killed the caller in his apartment after learning from another officer that the caller was alone, unarmed, and suffering from mental health issues. The district court denied officer's motion for summary judgment. This court reversed, holding that officer did not create the need to use deadly force recklessly, as defined under Restatement Third of Torts: Liability for Physical and Emotional Harm § 2, COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.