Blackwell v. Franchi, SC: 155413

• Decision Date: 27 October 2017
• Docket Number: COA: 328929,SC: 155413
• Citation: 902 N.W.2d 595 (Mem)
• Parties: Susan BLACKWELL, Plaintiff–Appellee, v. Dean FRANCHI and Debra Franchi, Defendants–Appellants.
• Court: Michigan Supreme Court

902 N.W.2d 595 (Mem)

Susan BLACKWELL, Plaintiff–Appellee,

v.Dean FRANCHI and Debra Franchi, Defendants–Appellants.

SC: 155413

COA: 328929

Supreme Court of Michigan.

October 27, 2017

Order

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, 614 N.W.2d 88 (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.