Ryan Menard v. Terry R Imig

Order Michigan Supreme Court
Lansing, Michigan
November 15, 2019 Bridget M. McCormack,
Chief Justice
158563 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
RYAN MENARD, by his conservator, Richard H. Bernstein
SHELLY MENARD, Elizabeth T. Clement
Plaintiff-Appellant, Megan K. Cavanagh,
Justices
v SC: 158563
COA: 336220
Macomb CC: 2014-003145-NI
TERRY R. IMIG and SHARRYL ANN
EVERSON,
Defendants,
and
MACOMB COUNTY DEPARTMENT OF
ROADS and COUNTY OF MACOMB,
Defendants-Appellees.
_________________________________________/
On November 7, 2019, the Court heard oral argument on the application for leave
to appeal the September 6, 2018 judgment of the Court of Appeals. On order of the
Court, the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we REVERSE the judgment of the Court of Appeals. As noted
by Judge METER in his dissent, when viewed in a light most favorable to the plaintiff, the
“plaintiff presented sufficient evidence that the defective road was a proximate cause of”
the injuries in this case. Menard v Imig, unpublished per curiam opinion of the Court of
Appeals, issued September 6, 2018 (Docket No. 336220) (METER, J., dissenting), p 1.
Specifically, there is evidence that the defective road was more than the “condition or
occasion affording opportunity for the other event to produce the injury”; rather, it “put in
motion the agency by which the injuries [were] inflicted . . . .” Singerman v Muni Serv
Bureau, Inc, 455 Mich. 135, 145 (1997) (quotation marks and citation omitted). We
REMAND this case to the Court of Appeals for consideration of the issues raised by the
defendants but not addressed by that court during its initial review of this case.
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.
November 15, 2019
a1113
Clerk