BROWN v. TAUBMAN COMPANY LLC, 486 Mich. 939 (2010)

No. 140385.Supreme Court of Michigan.
June 3, 2010.

Court of Appeals No. 283521.

Order Granting Oral Argument on Case Pending on Application for Leave to Appeal.

We direct the clerk to schedule oral argument on whether to grant the application or take other peremptory action. MCR 7.302(H)(1). At oral argument, the parties shall address (1) whether indicia of a potentially slippery condition are sufficient to make so-called “black ice” open and obvious, as explained in Slaughter v Blarney Castle Oil Co., 281 Mich App 474 (2010); and (2) if so, whether the Court of Appeals erred by concluding that these indicia could be counteracted by the plaintiffs own representations about weather conditions on the date of her fall, thereby creating a question of fact about whether the alleged hazard was open and obvious. The parties may file supplemental briefs within 42 days of the date of this order, but they should not submit mere restatements of their application papers.