Opinion
SC: 160355 COA: 340359
04-17-2020
Jennifer BUHL, Plaintiff-Appellant, v. CITY OF OAK PARK, Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the August 29, 2019 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether the Court of Appeals erred in concluding that the January 2017 amendment to MCL 691.1402a(5), see 2016 PA 419, applies retroactively; (2) whether 2016 PA 419 "attaches a new disability with respect to transactions or considerations already past," In re Certified Questions from U.S. Court of Appeals for the Sixth Circuit , 416 Mich. 558, 571, 331 N.W.2d 456 (1982) ; (3) whether the Court of Appeals erred in creating and applying a " Brewer restoration rule," in determining that 2016 PA 419 applies retroactively, see Brewer v. A. D. Transp. Express, Inc. , 486 Mich. 50, 782 N.W.2d 475 (2010) ; and (4) whether it makes a difference that the amendment was enacted before plaintiff filed her complaint when the amended statute states, "In a civil action, a municipal corporation ... may assert ... a defense that the condition was open and obvious." MCL 691.1402a(5). The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).
Cavanagh, J., did not participate because of her prior involvement as counsel for a party.