Van Guilder v. Collier

Plaintiffs appeal as of right from the trial court’s grant of summary disposition, pursuant to MCR 2.116(C)(10), in favor of defendant in this negligence action. We reverse and remand for further proceedings.

This action arises as a consequence of injuries sustained by plaintiff, Reed J. Van Guilder, while riding an off-road recreation vehicle (orv). In July 1998, plaintiff and defendant, Brad Collier, were each riding four-wheel ORVs on vacant land. In the course of attempting to travel up a hill, plaintiff’s ORV began slowing and experiencing difficulty as it neared the top of the hill.…