Wert v. Afton

Plaintiffs appeal as of right from an order of the Kent Circuit Court granting defendants’ motion for summary disposition pursuant to MCR 2.116(0(10). We reverse.

Plaintiff Jason Wert was twenty-one years of age on July 26, 1987, and while riding a motorbike as a licensee 1 in a gravel pit located on defendants’ property, he hit a trench or groove. As a result of the accident, Jason broke his back, rendering him paralyzed from the waist down. On February 10, 1989, plaintiffs filed a complaint alleging negligence on the part of defendants for failure to maintain the property in a safe…