Order Michigan Supreme Court
Lansing, Michigan
May 29, 2009 Marilyn Kelly,
Chief Justice
137164 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
KYLE SMITH, as Next Friend of MORGAN Diane M. Hathaway,
SMITH, Justices
Plaintiff-Appellee,
v SC: 137164
COA: 283826
Kent CC: 07-004466-NO
ANSARA RESTAURANT GROUP, INC.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 24, 2008 order
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(G)(1). The
parties shall submit supplemental briefs within 42 days of the date of this order limited to
addressing whether and how defendant breached its duty of reasonable care, whether that
breach was a proximate cause of the injuries to Morgan Smith, and the significance of the
presence of Morgan’s parents and their actions in assessing plaintiff’s negligence claim.
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.
May 29, 2009 _________________________________________
l0526 Clerk