Order Michigan Supreme Court
Lansing, Michigan
January 12, 2018 Stephen J. Markman,
Chief Justice
153829 Brian K. Zahra
Bridget M. McCormack
DAVID J. McQUEER, David F. Viviano
Richard H. Bernstein
Plaintiff-Appellee, Kurtis T. Wilder
Elizabeth T. Clement,
v SC: 153829 Justices
COA: 325619
Grand Traverse CC: 2014-030287-NO
PERFECT FENCE COMPANY,
Defendant-Appellant.
_______________________________________/
On order of the Court, the application for leave to appeal the April 19, 2016
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 35 days of the date of this order
addressing: (1) whether the statutory employer provision of MCL 418.171 is applicable
to the plaintiff’s claims; and (2) if so, whether the plaintiff has established a genuine issue
of material fact sufficient to avoid summary disposition; and (3) whether the Court of
Appeals erred by reversing the Grand Traverse Circuit Court’s order denying, on the
basis of futility, the plaintiff’s motion to amend his complaint to add an intentional tort
claim. In addition to the brief, the appellant shall electronically file an appendix
conforming to MCR 7.312(D)(2). 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. The
appellee shall also electronically file an appendix, or in the alternative, stipulate to the use
of the appendix filed by the appellant. 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.
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. Motions for
permission to file briefs amicus curiae and briefs amicus curiae must be filed within 14
days after the appellee’s supplemental brief is filed with the Court.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
January 12, 2018
t0109
Clerk