DOROTHY JORDAN V AUBINS SERVICE INC

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STATE OF MICHIGAN COURT OF APPEALS DOROTHY JORDAN, Personal Representative of the Estate of JESSE LEO JORDAN, Deceased, UNPUBLISHED July 15, 1997 Plaintiff-Appellant, v AUBINS SERVICE, INC., and DAVID YORK, No. 194305 Monroe Circuit Court LC No. 95-003340 NI Defendant-Appellees, and CHARLES K. SMELCER, Defendant. Before: Cavanagh, P.J., and Doctoroff and D.A. Teeple*, JJ. MEMORANDUM. Plaintiff appeals by right summary disposition in favor of appellees on grounds of lack of actionable duty. This case is being decided without oral argument pursuant to MCR 7.214(E). Plaintiff cites numerous cases, none of which is very much on point. Cases such as Langen v Rushton, 138 Mich App 672; 360 NW2d 270 (1984), involve liability based on structures or landscaping which create visual obstacles which interfere with passing traffic on a public way. In the case at bar, there is nothing to suggest that anything about defendants’ business created visual obstructions for motorists on Telegraph Road, or for pedestrians crossing Telegraph Road, nor is there a suggestion of a purpresture or encroachment which interfered with either vehicular or pedestrian traffic, thereby creating a hazard to one or both. Plaintiff has cited no authority to establish that a business enterprise must provide sufficient parking on the same side of the street as its principal premises sufficient to accommodate all foreseeable crowds of customers. * Circuit judge, sitting on the Court of Appeals by assignment. -1­ Appellees owed no duty to plaintiff to make Telegraph Road, or the ability of pedestrians to cross Telegraph Road, safe or safer. Only the governmental authority having jurisdiction over that portion of Telegraph Road has such duties. Berman v LaRose, 16 Mich App 55; 167 NW2d 471 (1969). Affirmed. /s/ Mark J. Cavanagh /s/ Martin M. Doctoroff /s/ Donald A. Teeple -2­

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