Legal Opinion

Kenneth Bertin v. Douglas Mann

Michigan Supreme Court

Decided July 25, 2018No. 155266PublishedCited by 26 opinions

1Opinion of the CourtViviano, J.

**605 At issue in this tort case is whether getting hit by a golf cart is an inherent risk of golfing. If so, then defendant, who ran over plaintiff with a cart while golfing, owed a duty only to refrain from reckless **606 misconduct, but cannot be held liable for negligent conduct. If not, then defendant will be held to the negligence standard of conduct. The question boils down to how we determine which risks in a recreational activity are inherent, such that the reckless standard of conduct applies. The Court of Appeals answered this question by meditating upon golf's essence and…

2Cases cited31 opinions

  1. PGA Tour, Inc. v. MartinSupreme Court of the United States · 2001
  2. Skinner v. Square D Co.Michigan Supreme Court · 1994
  3. Moning v. AlfonoMichigan Supreme Court · 1977
  4. Maddox v. City of New YorkNew York Court of Appeals · 1985
  5. Anderson v. City of MassillonOhio Supreme Court · 2012

26 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Ahlam Kandil-Elsayed v. F & E Oil IncMichigan Supreme Court · 2023
  2. Ahlam Kandil-Elsayed v. F & E Oil IncMichigan Supreme Court · 2023
  3. Bradley Trecha v. Brenden RemillardMichigan Supreme Court · 2021
  4. Bradley Trecha v. Brenden RemillardMichigan Court of Appeals · 2020
  5. Bradley Trecha v. Brenden RemillardMichigan Supreme Court · 2020

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API