Estate of Catherine Dawn Skidmore v. Consumers Energy Company

Opinion

Order Michigan Supreme Court Lansing, Michigan

April 14, 2017 Stephen J. Markman, Chief Justice

154030 Robert P. Young, Jr.

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

In re Estate of CATHERINE DAWN SKIDMORE Richard H. Bernstein __________________________________________ Joan L. Larsen, Justices

RALPH SKIDMORE, JR., Individually and as Personal Representative of the Estate of CATHERINE DAWN SKIDMORE, Plaintiff-Appellee,

v SC: 154030 COA: 323757 Calhoun CC: 2012-001595-NH CONSUMERS ENERGY COMPANY, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the May 24, 2016 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the May 24, 2016 judgment of the Court of Appeals and we REINSTATE the January 19, 2016 judgment of the Court of Appeals. The May 24, 2016 Court of Appeals opinion erroneously considered questions of fact regarding the plaintiff’s decedent’s (Catherine Skidmore) reasonableness in concluding that the defendant owed her a duty of reasonable care. As Judge O’Connell correctly noted in his concurrence/dissent to the May 24 opinion, “the existence of a disputed question of fact regarding the reasonableness of Catherine’s actions did not affect whether Consumers owed Catherine a duty.” 315 Mich App 470, 494 (2016). To the extent the January 19, 2016 opinion was unclear on this point, we clarify that questions of fact regarding the reasonableness of Catherine’s actions in response to the downed power line are relevant to comparative negligence, but not duty. In all other respects, leave to appeal is DENIED.

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.

April 14, 2017

t0411

Clerk