Opinion
No. 126544.
April 15, 2005.
SC: 126544, COA: 222777, Livingston CC: 97-016219-NO.
On order of the Court, the application for leave to appeal the June 3, 2004 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), we direct the Clerk to schedule oral argument on whether to grant the application or take other peremptory action permitted by MCR 7.302(G)(1). The parties shall include among the issues to be addressed at oral argument: (1) In the facts of this case, was the snowboard rail a danger that inheres in the sport of skiing that was "obvious and necessary" within the meaning of MCL 408.342(2)? (2) In considering whether there are obvious and necessary dangers, is it appropriate to consider the various types of skiing ( e.g., traditional downhill skiing, snowboarding, etc.)? (3) Did MCL 408.326a(d) obligate defendant to mark the top or entrance of the subject ski slope as being closed to all but those who were snowboarders? (4) Did MCL 408.326a(c) obligate defendant to mark the top or entrance of the subject ski slope as being "most difficult?" (5) Did MCL 408.326a(e) obligate defendant to maintain a trail board in the ski area labeling the subject ski slope as "most difficult?" (6) Are items (4) and (5) properly preserved for this Court's review? The parties may file supplemental briefs within 28 days of the date of this order.
The application for leave to appeal remains pending.