Kenneth Bertin v. Douglas Mann ( 2017 )


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  • Order                                                                                        Michigan Supreme Court
    Lansing, Michigan
    September 22, 2017                                                                                   Stephen J. Markman,
    Chief Justice
    155266                                                                                                    Brian K. Zahra
    Bridget M. McCormack
    David F. Viviano
    Richard H. Bernstein
    KENNETH BERTIN,                                                                                            Joan L. Larsen
    Plaintiff-Appellee,                                                                            Kurtis T. Wilder,
    Justices
    v                                                                 SC: 155266
    COA: 328885
    Oakland CC: 2014-139901-NO
    DOUGLAS MANN,
    Defendant-Appellant.
    _________________________________________/
    On the order of the Court, the application for leave to appeal the December 27,
    2016 judgment of the Court of Appeals is considered. We direct the Clerk to schedule
    oral argument on whether to grant the application or to take other action. MCR
    7.305(H)(1).
    The appellant shall file a supplemental brief within 42 days of the date of this
    order addressing whether the reckless misconduct standard of care or the ordinary
    negligence standard of care applies to an injury resulting from the operation of a golf cart
    while playing golf recreationally. Ritchie-Gamester v City of Berkley, 
    461 Mich. 73
    , 87-
    89 (1999). In addition to the brief, the appellant shall electronically file an appendix
    containing the items listed at MCR 7.312(D)(2). The appellee shall file a supplemental
    brief within 21 days of being served with the appellant’s brief. The appellee shall also
    electronically file an appendix, or in the alternative, stipulate to the use of the appendix
    filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of
    being served with the appellee’s brief. The parties should not submit mere restatements
    of their application papers.
    The Golf Association of Michigan and Negligence Law Section of the State Bar of
    Michigan are invited to file briefs amicus curiae. Other persons or groups interested in
    the determination of the issue presented in this case may move the Court for permission
    to file briefs amicus curiae.
    I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
    foregoing is a true and complete copy of the order entered at the direction of the Court.
    September 22, 2017
    t0919
    Clerk
    

Document Info

Docket Number: 155266

Filed Date: 9/22/2017

Precedential Status: Precedential

Modified Date: 9/23/2017