Opinion
No. 113655.
October 12, 1999.
On order of the Court, the application for leave to appeal from the November 18, 1998 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. On remand, the Court of Appeals shall consider whether defendant owed plaintiff a duty under the Ski Area Safety Act, MCL 408.321 et seq.; MSA 18.483(1) et seq., to warn skiers of the presence of a snowboarding rail. In deciding this issue, the Court of Appeals shall also consider whether a snowboarding rail is an inherent part of a ski area and whether plaintiff assumed the risk of its presence.
Court of Appeals No. 214817.