Opinion
Docket No. 152723. COA No. 322766.
07-29-2016
Michael A. RAY and Jacqueline M. Ray, as Co–Conservators for Kersch Ray, a Minor, Plaintiffs–Appellants, v. Eric SWAGER, Defendant–Appellee, and Scott Allen Platt, Heather Marie Platt, and Liberty Mutual Insurance Company, Defendants.
Order
On order of the Court, the application for leave to appeal the October 15, 2015 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 parties shall file supplemental briefs within 42 days of the date of this order addressing whether a reasonable jury could determine that the defendant's conduct was “the proximate cause” of plaintiff Kersch Ray's injuries where the defendant's actions placed the plaintiff in the dangerous situation that resulted in the plaintiff's injuries. MCL 691.1407(2)(c) ; Robinson v. City of Detroit, 462 Mich. 439, 462, 613 N.W.2d 307 (2000) ; Beals v. Michigan, 497 Mich. 363, 871 N.W.2d 5 (2015). The parties should not submit mere restatements of their application papers.