Trevor Rhoda v. Peter E O'Dovero Inc

• Court: Michigan Supreme Court
• Decided: January 13, 2017
• Docket: 153661
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

January 13, 2017 Stephen J. Markman, Chief Justice

Robert P. Young, Jr. Brian K. Zahra 153661 Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, DONALD J. RHODA Guardian/Conservator of Justices TREVOR RHODA, and TAMMIE WALKER, Plaintiffs-Appellees, v SC: 153661 COA: 321363 Marquette CC: 13-051044-NI PETER E. O’DOVERO, INC. d/b/a MARQUETTE MOUNTAIN, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the March 24, 2016 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

MARKMAN, C.J. (dissenting).

I would grant leave to consider whether the Court of Appeals correctly interpreted the Ski Area Safety Act, MCL 408.321 et seq. First, I would assess whether MCL 408.326a(d), which requires a ski operator to “[m]ark the top of or entrance to each ski run, slope, and trail which is closed to skiing with an appropriate symbol indicating that the run, slope, or trail is closed, as prescribed by rules promulgated under [MCL 408.340(3)]” applies to the closing of only an individual feature along a run, slope, or trail—in this case a snowboarding rail. Second, I would assess whether the correct legal standard was applied in addressing whether the rail constituted a ski hazard that “inhere[s] in the sport” and is thus “obvious and necessary” under MCL 408.342(2). Compare Anderson v Pine Knob Ski Resort, Inc, 469 Mich 20 (2003).

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. January 13, 2017 a0110 Clerk