Devon Scott Bailey v. Steven Gerome Schaaf ( 2012 )

Order Michigan Supreme Court
Lansing, Michigan
May 23, 2012 Robert P. Young, Jr.,
Chief Justice
144055 & (66) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
DEVON SCOTT BAILEY, Diane M. Hathaway
Plaintiff-Appellee/ Mary Beth Kelly
Cross-Appellant, Brian K. Zahra,
v SC: 144055 Justices
COA: 295801
Genesee CC: 07-087454-NO
STEVEN GEROME SCHAAF,
Defendant,
and
T.J. REALTY, INC., d/b/a HI-TECH
PROTECTION, TIMOTHY JOHNSON,
CAPTAIN WILLIAM BOYD BAKER,
CHRISTOPHER LEE CAMPBELL,
Defendants-Appellees,
and
EVERGREEN REGENCY TOWNHOMES,
LTD., and RADNEY MANAGEMENT &
INVESTMENTS,
Defendants-Appellants/
Cross-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the August 18, 2011
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellant are considered. The application for leave to appeal is GRANTED. The parties
shall include among the issues to be briefed whether the Court of Appeals erred when it
extended the limited duty of merchants – to involve the police when a situation on the
premises poses an imminent risk of harm to identifiable invitees, see MacDonald v PKT,
Inc, 464 Mich. 322 (2001) – to landlords and other premises proprietors, such as the
defendant apartment complex and property management company. The application for
leave to appeal as cross-appellant remains pending.
The Michigan Defense Trial Counsel, Inc. and the Michigan Association for
Justice are invited to file briefs amicus curiae. Other persons or groups interested in the
determination of the issues presented in this case may move the Court for permission to
file briefs amicus curiae.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 23, 2012 _________________________________________
p0516 Clerk