Opinion
SC 162346 COA 348644
10-15-2021
DONNA LOGAN, Plaintiff-Appellant, v. CITY OF SOUTHGATE, Defendant-Appellee.
Wayne CC: 18-005560-NO
Bridget M. McCormack, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Elizabeth T. Clement, Megan K. Cavanagh, Elizabeth M. Welch, Justices
ORDER
On order of the Court, the application for leave to appeal the October 29, 2020 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief addressing: (1) whether application of the open and obvious defense (MCL 691.1402a(5)) to claims against municipal corporations involving vertical discontinuity defects of greater than 2 inches (MCL 691.1402a(3)(a)) abrogates the municipal corporation's statutory duty to maintain a sidewalk in reasonable repair under MCL 691.1402a(1); and (2) whether the Wayne Circuit Court erred by dismissing the plaintiffs claim under the open and obvious doctrine, and specifically whether the sidewalk at issue was unreasonably dangerous. The appellant's brief shall be filed by January 31, 2022, with no extensions except upon a showing of good cause. In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant's brief. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers.