Opinion
Docket Nos. 153830 153889. COA No. 324314.
12-21-2016
Ronnie DANCER and Annette Dancer, Plaintiffs–Appellees, v. CLARK CONSTRUCTION COMPANY, INC., Defendant–Appellant, and Better Built Construction Services, Inc., Defendant–Appellee. Ronnie Dancer and Annette Dancer, Plaintiffs–Appellees, v. Clark Construction Company, Inc., Defendant–Appellee, and Better Built Construction Services, Inc., Defendant–Appellant.
Order
On order of the Court, the applications for leave to appeal the April 26, 2016 judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral argument on whether to grant the application for leave to appeal in Docket No. 153830 or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing whether the plaintiffs presented sufficient evidence to establish genuine issues of material fact with regard to the common-work-area doctrine's “element three, danger creating a high degree of risk to a significant number of workmen, and element four, a common work area.” Ormsby v. Capital Welding, Inc., 471 Mich. 45, 58–59, 684 N.W.2d 320 (2004). The parties should not submit mere restatements of their application papers.
The application for leave to appeal in Docket No. 153889 remains pending.