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Marion v. Grand Trunk W. R.R. Co.

Supreme Court of Michigan.
Sep 28, 2022
979 N.W.2d 664 (Mich. 2022)

Opinion

SC: 164298 COA: 352355

09-28-2022

Monica MARION, AS Guardian and NEXT FRIEND OF Jacob MARION, Plaintiff-Appellee, v. GRAND TRUNK WESTERN RAILROAD COMPANY, Steven Golombeski, and Jessie Wilson, Defendants-Appellants.


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, 21 N.W.2d 105 (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.


Summaries of

Marion v. Grand Trunk W. R.R. Co.

Supreme Court of Michigan.
Sep 28, 2022
979 N.W.2d 664 (Mich. 2022)
Case details for

Marion v. Grand Trunk W. R.R. Co.

Case Details

Full title:Monica MARION, AS Guardian and NEXT FRIEND OF Jacob MARION…

Court:Supreme Court of Michigan.

Date published: Sep 28, 2022

Citations

979 N.W.2d 664 (Mich. 2022)