Last year, the state supreme court issued an opinion in a Michigan personal injury case requiring the court to determine the appropriate analysis to use in cases involving injuries that were obtained while engaging in a recreational activity.
The Facts of the Case
According to the court’s recitation of the facts, the plaintiff was playing a game of golf with the defendant. During the game, the defendant allegedly ran over the plaintiff’s foot with the golf cart the two were using to navigate the course. Both the plaintiff and the defendant offered very different versions of the facts.
The plaintiff filed a personal injury lawsuit against the defendant, claiming that the defendant’s negligence caused his injuries. The plaintiff asked the trial court to hold that the defendant was liable as a matter of law. The defendant argued that, because the two were engaged in a recreational activity, he could only be held responsible if he was found to have engaged in “reckless misconduct.” Because the plaintiff did not claim that the defendant was reckless, the defendant argued that the case should be dismissed.