Keith Smith v. City of Detroit , 928 N.W.2d 219 ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
June 14, 2019 Bridget M. McCormack,
Chief Justice
158300 & (44) David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
KEITH SMITH, Richard H. Bernstein
Plaintiff-Appellee/Cross-Appellant, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 158300
COA: 337708
Wayne CC: 15-001269-NO
CITY OF DETROIT,
Defendant/Cross-Plaintiff,
and
MERLO CONSTRUCTION COMPANY, INC.,
Defendant/Cross-Defendant-
Appellant/Cross-Appellee,
and
RAUHORN ELECTRIC, INC.,
Defendant/Cross-Defendant/
Cross-Plaintiff,
and
PARSONS BRINCKERHOFF MICHIGAN, INC.,
and POCO, INC.,
Defendants/Cross-Defendants.
__________________________________________/
On order of the Court, the application for leave to appeal the July 24, 2018
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellant are considered. We direct the Clerk to schedule oral argument on the
application for leave to appeal as cross-appellant. MCR 7.305(H)(1).
The plaintiff cross-appellant shall file a supplemental brief within 42 days of the
date of this order addressing whether the defendant cross-appellee maintained possession
and control over the sidewalk such that plaintiff’s claim sounded in premises liability
rather than ordinary negligence. Compare Orel v Uni-Rak Sales Co Inc, 454 Mich. 564
 2
(1997), and Finazzo v Fire Equip Co, 323 Mich. App. 620 (2018), with Fraim v City
Sewer of Flint, 474 Mich. 1101 (2006). In addition to the brief, the plaintiff shall
electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to
the record must provide the appendix page numbers as required by MCR 7.312(B)(1).
The defendant shall file a supplemental brief within 21 days of being served with the
plaintiff’s brief. The defendant shall also electronically file an appendix, or in the
alternative, stipulate to the use of the appendix filed by the plaintiff. A reply, if any, must
be filed by the plaintiff within 14 days of being served with the defendant’s brief. The
parties should not submit mere restatements of their application papers.
The Michigan Association for Justice, Michigan Defense Trial Counsel, Inc., and
the Negligence 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.
The application for leave to appeal remains pending.
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.
June 14, 2019
a0611
Clerk