The Michigan Supreme Court has agreed to hear a Michigan sports accident case involving a golf cart injury from May 2013. The plaintiff and the defendant were playing the 17th hole at Farmington Hills Golf Club when the defendant struck the plaintiff with his cart. The plaintiff was hit in his rear end and knocked onto the ground. He was then struck a second time when the golf cart rolled over him. The plaintiff sued the defendant for negligence in 2014.
Prior to trial, the plaintiff moved for the trial court to hold that the defendant was negligent as a matter of law and that the case should proceed to trial on the issue of damages. The defendant argued the motion was improper because it cited an incorrect standard of review. The defendant further argued that reckless misconduct was the applicable standard of care because the parties were participating in a recreational activity when the injury occurred. The trial court denied the plaintiff’s motion, finding that the motion in limine contained factual issues the jury should decide.
At trial, both parties offered testimony regarding the defendant’s conduct on the golf course. The plaintiff agreed that the defendant was being careless–rather than reckless–when the collision occurred. Ultimately, the Oakland County jury concluded that the defendant was not reckless, and the court entered a judgment of no cause of action against the plaintiff.