Order Michigan Supreme Court
Lansing, Michigan
June 3, 2010 Marilyn Kelly,
Chief Justice
140385 & (52) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
IRENE M. BROWN and GARY N. BROWN, Diane M. Hathaway,
Plaintiffs-Appellees, Justices
v SC: 140385
COA: 283521
Oakland CC: 2006-076956-NO
TAUBMAN COMPANY, L.L.C.,
SOUTHEAST SERVICE CORPORATION,
d/b/a SSC SERVICE SOLUTIONS, and IPC
INTERNATIONAL CORPORATION,
Defendants-Appellants.
_________________________________________/
On order of the Court, the motion for miscellaneous relief is GRANTED. The
application for leave to appeal the September 24, 2009 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 peremptory action. MCR 7.302(H)(1). At oral argument, the
parties shall address (1) whether indicia of a potentially slippery condition are sufficient
to make so-called “black ice” open and obvious, as explained in Slaughter v Blarney
Castle Oil Co, 281 Mich App 474 (2008); and (2) if so, whether the Court of Appeals
erred by concluding that these indicia could be counteracted by the plaintiff’s own
representations about weather conditions on the date of her fall, thereby creating a
question of fact about whether the alleged hazard was open and obvious. The parties may
file supplemental briefs within 42 days of the date of this order, but they should not
submit mere restatements of their application papers.
I, Corbin R. Davis, 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.
June 3, 2010 _________________________________________
0526 Clerk