Frank Anthony Scola v. Jp Morgan Chase Bank National Association

Summary

The Michigan Supreme Court held that the plaintiff’s complaint sounds in ordinary negligence, not premises liability, and therefore reversed the Court of Appeals and vacated the circuit court’s summary disposition, remanding for further proceedings. The Court emphasized that premises liability requires possession and control over the dangerous condition, which was absent here. The decision also noted that the open‑and‑obvious doctrine bars recovery. The opinion includes dissenting judges who would have found the claim to fall within premises liability.