In DeGennaro v Rivet Holdings, Inc., an unpublished Michigan Court of Appeals case, a tenant of a condominium unit slipped and fell on his icy driveway, seriously injuring himself. He sued his landlord, the management company, and the condominium association for damages. All three were dismissed on summary disposition and the tenant appealed.
The court reiterated that a condominium association could not be held liable under MCL 554.139 because the association is not the lessor of the property. However, the court found an issue of fact whether the driveway, which was effectively a sidewalk, was completely covered with ice and snow and thus no longer fit for the intended use.