Order Michigan Supreme Court
Lansing, Michigan
October 27, 2017 Stephen J. Markman,
Chief Justice
155413 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen
SUSAN BLACKWELL, Kurtis T. Wilder,
Plaintiff-Appellee, Justices
v SC: 155413
COA: 328929
Oakland CC: 2014-141562-NI
DEAN FRANCHI and DEBRA FRANCHI,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the January 31, 2017
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 appellants shall file a supplemental brief within 42 days of the date of this
order addressing whether the appellants owed a duty to warn the appellee of the condition
on the land at issue, given the general rule that “[a] landowner owes a licensee a duty
only to warn the licensee of any hidden dangers the owner knows or has reason to know
of, if the licensee does not know or have reason to know of the dangers involved,” Stitt v
Holland Abundant Life Fellowship, 462 Mich 591, 596 (2000). In addition to the brief,
the appellants shall electronically file an appendix containing the items listed at MCR
7.312(D)(2). The appellee shall file a supplemental brief within 21 days of being served
with the appellants’ brief. The appellee shall also electronically file an appendix, or in
the alternative, stipulate to the use of the appendix filed by the appellants. A reply, if
any, must be filed by the appellants within 14 days of being served with the appellee’s
brief. The parties should not submit mere restatements of their application papers.
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.
October 27, 2017
t1024
Clerk
Susan Blackwell v. Dean Franchi
Combined Opinion