Summary
reversing an unpublished Court of Appeals opinion that had improperly assumed that certain individuals who were passengers on a boat were operating the boat as contemplated by the statutes
Summary of this case from Farm Bureau Mut. Ins. Co. of Mich. v. BowersOpinion
No. 141691.
April 22, 2011.
Court of Appeals No. 291437.
Summary Disposition April 22, 2011.
Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse only that portion of the judgment of the Court of Appeals holding that two of the defendants owed the decedent a statutory duty of care under the Natural Resources and Environmental Protection Act, MCL 324.101 et seq. As the trial court correctly concluded, these defendants were not "operating" a vessel within the meaning of MCL 324.80103(g) and (h) in these circumstances. We affirm the judgment of the Court of Appeals in all other respects.