In regarding to the incident that occurred at the property location that City of St. Clair
Shores leases from First Michigan Bank & Trust, involving Susan Smith who claims to
been injured from tripping on the sidewalk at the location. I am aware that the city believes
that a wave from the lake actually caused her to fall and sustain injuries. From my
investigations, I have discovered a few Michigan Supreme Court cases that will clarify if
she is a third party beneficiary to the lease agreement we have with the bank.
From my investigation in related to if Susan Smith is a third party beneficiary, I was able
to find two similar cases ruled by the Michigan Supreme Court. A very similar situation
occurred in the Michigan Supreme Court Case: Brunsell v. City of Zeeland., 467 Mich.
293 (2002). The City of Zeeland was leasing property from a local bank. The lease clearly
stated that the property was to be maintained, including sidewalks by the city.
Unfortunately, a pedestrian tripped on the sidewalk at the property and fractured her left
wrist. She sued the city, claiming that they were held responsible for her injuries and she
was a third party beneficiary because the city did not make the repairs to the sidewalk for
her safety as well as the rest of the public. However, the Michigan Supreme Court ruled
that she was not third party beneficiary, because you cannot describe a third party
beneficiary as a whole group; an example of this would be “the public”. Their ruling is
