Gibbons v. Horseshoe Lake Corp., No. 311754, 2014 Mich. App. LEXIS 422 (Mich. Ct. App. Mar. 11, 2014)

(plaintiff was in his bedroom when a large tree branch crashed through his window and severely injured him and damaged his home; the tree was on a lot that was maintained for the benefit of the residents of a neighboring subdivision; the plaintiff and his wife sued the subdivision for negligence, nuisance, and trespass, and the trial court granted summary judgment for the subdivision; on appeal, the court reversed as to the negligence claim, finding that the evidence would allow a reasonable fact finder to conclude that defendant possessed and controlled the lot, that defendant should have more closely inspected the tree or hired a professional to do so, and that defendant had actual or constructive notice of the danger posed by the trees on the lot; the trial court also erred in finding that a heavy storm was an intervening, superseding cause of the damage; a relatively common weather event could not constitute an intervening superseding cause under Michigan law; such an event was foreseeable).