Opinion
Docket No. 152519. COA No. 310890.
04-29-2016
Denise FOWLER, as Next Friend of Virginia Jane Rawluszki, Plaintiff–Appellee, v. MENARD, INC., Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the September 15, 2015 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order including, among the issues to be briefed, whether the crosswalk installed by the defendant had a special aspect that could create liability for even an open and obvious hazard, and whether such a special aspect can exist if the condition is not unreasonably dangerous. See Hoffner v. Lanctoe, 492 Mich. 450, 455, 821 N.W.2d 88 (2012); Lugo v. Ameritech Corp., Inc., 464 Mich. 512, 517, 629 N.W.2d 384 (2001). The parties should not submit mere restatements of their application papers.