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Preston v. Sleziak

175 N.W.2d 759 (1970)

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Preston v. Sleziak

Michigan Supreme Court

175 N.W.2d 759 (1970)

Facts

Two adults (plaintiffs) were injured when the cable on a homemade electric lift along a hilltop to Lake Michigan broke and caused the lift to crash to the bottom. The lift was owned by the homeowners (defendants) who had invited the two adults to their lakeside cottage for the weekend. The two adults sued the homeowners in a state court in Michigan for their injuries and alleged that the homeowners were negligent in constructing, maintaining, and operating the lift. After being instructed that the two adults were to be considered invitees who were owed nothing more than a duty of reasonable care to be warned of known dangerous defects, the jury returned a verdict of no cause in favor of the homeowners. The court of appeals held that the trial judge improperly instructed the jury about the duty a host owes the host’s guests and reversed and remanded for a new trial. The two adults appealed to the Michigan Supreme Court.

Rule of Law

Issue

Holding and Reasoning (T. M. Kavanagh, J.)

Dissent (T. G. Kavanagh, J.)

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