SEAN ROOT V DANIELLE REGINEK
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
SEAN ROOT,
UNPUBLISHED
August 30, 2002
Plaintiff-Appellant,
v
No. 231899
Wayne Circuit Court
LC No. 99-934186-NO
DANIELLE REGINEK,
Defendant-Appellee.
ON REHEARING
Before: Murray, P.J., and Sawyer and Zahra, JJ.
MEMORANDUM.
Plaintiff appeals as of right from a circuit court order granting defendant’s motion for
summary disposition. We affirm.
Plaintiff filed this premises liability action to recover damages for injuries sustained
while using a trampoline at defendant’s home. The trial court ruled that defendant did not owe a
duty to plaintiff, who was undisputedly a licensee.1 Plaintiff’s argument focuses on causation.
However, to prove negligence, a plaintiff must establish a breach of duty owed by the defendant
which is a proximate cause of the plaintiff’s injuries. Nolan v Bronson, 185 Mich App 163, 169;
460 NW2d 284 (1990). Plaintiff fails to discuss the threshold issue whether defendant owed him
a duty in the first instance, an issue which must necessarily be determined in order to conclude
that she was negligent, i.e., that she breached a duty of care owed to plaintiff. Because plaintiff
has failed to address the basis of the trial court’s ruling, which issue must necessarily be reached
to reverse that ruling, plaintiff has failed to establish a right to relief. Joerger v Gordon Food
Service, Inc, 224 Mich App 167, 175; 568 NW2d 365 (1997); Roberts & Son Contracting, Inc v
North Oakland Dev Corp, 163 Mich App 109, 113; 413 NW2d 744 (1987).
Affirmed.
/s/ Christopher M. Murray
/s/ David H. Sawyer
/s/ Brian K. Zahra
1
We note that premises liability is conditioned on possession and control of the property.
Merritt v Nickelson, 407 Mich 544, 552; 287 NW2d 178 (1980). A review of the file reveals that
defendant was a minor who lived with her parents and they owned and controlled the property.
Thus defendant could not be held liable regardless of plaintiff’s status.
-1-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
