Opinion
No. 134408.
February 8, 2008.
Court of Appeals No. 274928.
Order Granting Oral Argument in Case Pending on Application for Leave to Appeal February 8, 2008.
We direct the clerk to schedule oral argument on whether to grant the application or take other peremptory action. MCR 7.302(G)(1). At oral argument, the parties are directed to discuss (1) whether the fact that the bus driver's deposition had not been taken was a sufficient reason to deny her motion for summary disposition and (2) whether there is sufficient evidence to warrant a trial on the claim that defendant Beard's conduct, including her action of closing the doors of the bus while the plaintiff was attempting to exit the vehicle, constituted gross negligence or whether no reasonable juror could conclude that defendant Beard's conduct amounted to reckless conduct showing a substantial lack of concern as to whether injury would result, MCL 691.1407(7)(a), and thus that summary disposition should have entered for defendant Beard. MCL 691.1407(2)(c). See Stanton v Battle Creek, 466 Mich 611, 620-621 (2002). The parties may file supplemental briefs within 42 days of the date of this order, but they should not submit mere restatements of their application papers.