Opinion
SC 164298 COA 352355
09-28-2022
Wayne CC: 18-005516-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 March 10, 2022 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 parties shall address whether: (1) the defendants were entitled to presume that the plaintiff would leave the tracks before being struck by the train; (2) the defendants possessed a duty to slow or stop the train to avoid a possible collision with the plaintiff; and (3) if both of the preceding questions are answered in the affirmative, at what point does the entitlement to a presumption that a person will leave the tracks give way to the duty to act to avoid a possible collision, if at all. See Lake Shore & MSR Co v Miller, 25 Mich. 274, 278-279 (1872), overruled on other grounds, Bricker v Green, 313 Mich. 218 (1946).
The total time allowed for oral argument shall be 40 minutes: 20 minutes for the defendants, to be divided at their discretion, and 20 minutes for the plaintiff. MCR 7.314(B)(2).
The Negligence Law Section of the State Bar of Michigan is invited to file a brief amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.