Trevor Rhoda v. Peter E O'Dovero Inc

Order Michigan Supreme Court
Lansing, Michigan

January 13, 2017 Stephen J. Markman,
Chief Justice

Robert P. Young, Jr.
Brian K. Zahra
153661 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
DONALD J. RHODA Guardian/Conservator of Justices
TREVOR RHODA, and TAMMIE WALKER,
Plaintiffs-Appellees,
v SC: 153661
COA: 321363
Marquette CC: 13-051044-NI
PETER E. O’DOVERO, INC. d/b/a
MARQUETTE MOUNTAIN,
Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 24, 2016
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.

MARKMAN, C.J. (dissenting).

I would grant leave to consider whether the Court of Appeals correctly interpreted
the Ski Area Safety Act, MCL 408.321 et seq. First, I would assess whether MCL
408.326a(d), which requires a ski operator to “[m]ark the top of or entrance to each ski
run, slope, and trail which is closed to skiing with an appropriate symbol indicating that
the run, slope, or trail is closed, as prescribed by rules promulgated under [MCL
408.340(3)]” applies to the closing of only an individual feature along a run, slope, or
trail—in this case a snowboarding rail. Second, I would assess whether the correct legal
standard was applied in addressing whether the rail constituted a ski hazard that
“inhere[s] in the sport” and is thus “obvious and necessary” under MCL 408.342(2).
Compare Anderson v Pine Knob Ski Resort, Inc, 469 Mich 20 (2003).

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 13, 2017
a0110
Clerk