Opinion
Docket No. 264671.
Order Entered August 16, 2006.
The Court orders that a special panel shall be convened pursuant to MCR 7.215(J) to resolve the conflict between this case and Kent v Alpine Valley Ski Area, Inc, 240 Mich App 731; 613 NW2d 383 (2000); McCormick v Go Forward Operating Ltd Partnership, 235 Mich App 551; 599 NW2d 513 (1999); Barr v Mt Brighton, Inc, 215 Mich App 512; 546 NW2d 273 (1996).
The Court further orders that part IV of the opinion in this case, which addresses whether the assumption of risk provision of MCL 408.342(2) renders a skier absolutely immune from liability for causing a collision with another skier, even if that collision was the result of violations of duties set forth elsewhere in the Ski Area Safety Act, MCL 408.321 et seq., is vacated. MCR 7.215(J)(5).
Appellant may file a supplemental brief within 21 days of the Clerk's certification of this order. Appellee may file a supplemental brief within 21 days of service of appellant's brief. Nine copies must be filed with the Clerk of the Court.