Boynton v. Thunderbowl Recreation of Alpena, Inc.
Boynton v. Thunderbowl Recreation of Alpena, Inc.
Opinion of the Court
Plaintiff, a business invitee, was injured on February 5, 1966, upon leaving a restaurant owned by Denstaedt who leased the building space from Thunderbowl. The injury was caused by an ice accumulation which formed at the base of a wind screen, constructed at the tenant’s request, to protect a glass door. The municipal court gave plaintiff a judgment for damages against the landlord.
Appeal to the circuit court, sitting without a jury, resulted in a decision vacating the judgment of the municipal court and granting damages for plaintiff against tenant on a negligence theory.
The fact situation presents two additional questions: (1) notwithstanding a hold-harmless agreement between the landlord and tenant, whether the landlord was negligent, and (2) whether the landlord was liable for a nuisance in fact, in light of the surrounding circumstances represented by the dangerous condition of the doorway area. Bluemer
The matter is remanded for further proceedings, so that the lower court may answer the above questions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.