Opinion
Nos. 124786, 124787.
November 5, 2004.
SC: 124786, 124787.
Leave to Appeal Granted.
The parties are to include among the issues briefed: (1) Should the open and obvious danger doctrine have any application in a claim under the common work area doctrine described in Ormsby v. Capital Welding, Inc, 471 Mich 45, 54 (2004)? (2) If so, how should the open and obvious danger doctrine be reconciled with Hardy v Monsanto-Chem Systems, Inc, 414 Mich 29 (1982), in which this Court concluded that the policy of promoting safety in the work place would be enhanced by the application of principles of comparative negligence? The Michigan Trial Lawyers Association and the Michigan Defense Trial Counsel are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the questions presented in this case may move the Court for permission to file briefs amicus curiae. Reported below: 259 Mich App 608.