Kenneth Bertin v. Douglas Mann
328885
| Mich. Ct. App. | Dec 27, 2016Background
- Plaintiff and defendant were playing golf together at Farmington Hills Golf Club when defendant, driving a motorized golf cart, struck plaintiff from behind, knocking him down and running over his leg.
- Parties’ accounts differed on positioning and visibility, but not on most underlying events; plaintiff alleged defendant drove into him, defendant said he did not see plaintiff in front of the cart before impact.
- Plaintiff sued alleging negligent operation of the cart causing serious injuries; defendant pleaded accident and comparative negligence as defenses.
- Before trial the parties disputed the standard of care: plaintiff sought a negligence standard (or negligence as a matter of law), defendant argued Ritchie-Gamester’s reckless-misconduct standard for coparticipants in recreational activities applied.
- The trial court instructed the jury under the reckless-misconduct standard; the jury found no reckless misconduct and judgment for defendant followed.
- The Court of Appeals vacated that judgment, holding the trial court erred in applying reckless misconduct because golf-cart risks are not inherent to golf; ordinary negligence is the correct standard and the case was remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicable standard of care for injury caused by a golf cart during a golf game | Bertin: ordinary negligence applies; golf-cart risks are not inherent to golf and cart operation is akin to vehicle operation | Mann: Ritchie-Gamester reckless-misconduct standard applies to coparticipants in recreational activities (golf) | Court: reversed — reckless misconduct does not apply; ordinary negligence governs golf-cart injuries in these circumstances |
Key Cases Cited
- Ritchie-Gamester v. City of Berkley, 461 Mich 73 (Mich. 1999) (adopted reckless-misconduct standard for coparticipants in recreational activities)
- Van Guilder v. Collier, 248 Mich App 633 (Mich. Ct. App. 2001) (distinguished Ritchie-Gamester for motorized recreational vehicles and applied negligence standard)
- PGA Tour, Inc. v. Martin, 532 US 661 (U.S. 2001) (recognized that use of carts is not a fundamental rule of golf and carts are peripheral, not essential, to the game)
- Sherry v. East Suburban Football League, 292 Mich App 23 (Mich. Ct. App. 2011) (standard of care is a legal question reviewed de novo; applied ordinary negligence where reckless standard did not apply)