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General Negligence/Personal Injury
General Negligence / May 13, 2015
Court/Case No: Oakland County Circuit Court/14-139901-NO
Tried/Argued Before: N/A
Verdict: N/A - pending
Name of Judge(s): Honorable Martha Anderson
Keys to the Case:
This is a case involving a golf cart v pedestrian accident on a golf course. The plaintiff argued that the standard for liability was ordinary negligence because this accident involved the use of a golf cart. The Court of Appeals has held that when ORVs are used in recreation, negligence, and not the higher standard of recklessness, applies. The defense argued that the “reckless misconduct” standard under the Supreme Court case, Ritchie-Gamester, applied because the injury was the result of an inherent risk of the game of golf. Further, the reasoning of the Court of Appeals was not applicable to this case despite the fact that a golf cart was involved.
The Court agreed with the defense that the “reckless misconduct” standard was appropriate. This is a pivotal ruling because Plaintiff’s burden at trial is extremely difficult to achieve. “Reckless misconduct” requires either an intent to injure or a willful disregard for the fact that injury is likely to result.
Defense SW attorney(s) Involved in Case: