Mae Hendrix v. Lautrec Ltd ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
May 30, 2018 Stephen J. Markman,
Chief Justice
155120 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
CELESTINE STACKER, Personal Representative Richard H. Bernstein
of the Estate of MAE HENDRIX, Kurtis T. Wilder
Plaintiff-Appellee, Elizabeth T. Clement,
Justices
v SC: 155120
COA: 328191
Oakland CC: 2014-142087-NO
LAUTREC, LTD,
Defendant-Appellant.
_________________________________________/
By order of June 7, 2017, the application for leave to appeal the October 27, 2016
judgment of the Court of Appeals was held in abeyance pending the decision in Martin v
Milham Meadows I Ltd Partnership (Docket No. 154360). On order of the Court, leave
to appeal having been denied in Martin on March 9, 2018, ___ Mich ___ (2018), the
application is again considered. We direct the Clerk to schedule oral argument on
whether to grant the application or 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 genuine issues of material fact preclude summary disposition
on the plaintiff’s claim that the driveway at issue was not “fit for the use intended by the
parties.” MCL 554.139(1)(a). In addition to the brief, the appellant 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 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 Michigan Association for Justice, Michigan Defense Trial Counsel, Inc., and
the 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 issues 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.
May 30, 2018
a0523
Clerk