Beebe v. Hartman

Plaintiffs Donald and Eva Beebe1 appeal *514as of right the trial court’s order granting a motion for dismissal pursuant to MCL 600.2955a by defendants Christina Sheely, D.O., and Family Practice & Orthopedic Care Center, PL.L.C. For the reasons set forth in this opinion, we reverse.

I. FACTS AND PROCEDURAL HISTORY

On August 26, 2004, plaintiff was celebrating his thirty-third birthday at his home while working on his snowmobile with a friend. As he worked, plaintiff consumed about 11 cans of beer between noon and 8:00 p.m. At about 8:00 p.m., plaintiff drove the snowmobile across his lawn.…