909 N.W.2d 265
Mich.2018Background
- Plaintiff’s daughter was injured on defendant’s Lake Michigan beachfront after stepping on hot coals remaining from a beach fire.
- Witness testimony described the child’s activity as building sand castles, throwing stones, and splashing — ordinary beach play.
- Plaintiff brought a negligence action; defendant invoked Michigan’s Recreational Use Act (RUA), MCL 324.73301, which limits landowner liability for recreational users unless gross negligence or willful and wanton misconduct is shown.
- The Benzie Circuit Court granted summary disposition for defendant, concluding the RUA applied.
- The Court of Appeals reversed, applying ejusdem generis and holding ordinary beach play fell outside the RUA’s catchall “any other outdoor recreational use.”
- The Michigan Supreme Court granted leave, reviewed briefs and oral argument, and reinstated the circuit court’s order, holding beach play falls within the RUA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the RUA applies to ordinary beach play (building sandcastles, splashing, throwing stones) | Activities are not the same kind as the listed activities and thus fall outside the RUA | Beach play is a recreational outdoor use and falls within the RUA’s plain meaning | RUA applies; beach play is an “any other outdoor recreational use” |
| Whether ejusdem generis limits the RUA’s general catchall to activities requiring similar intensity/risk as listed examples | Ejusdem generis restricts the general phrase so that low-risk beach play is excluded | The ejusdem generis canon does not require narrowing here; listed activities do not share a single limiting characteristic that excludes beach play | Court rejects limiting ejusdem generis application; no need to define a narrower common class; RUA still covers beach play |
Key Cases Cited
- Sands Appliance Servs., Inc. v. Wilson, 463 Mich 231, 615 N.W.2d 241 (2000) (describing the ejusdem generis canon for statutory interpretation)
- People v. Brown, 406 Mich 215, 277 N.W.2d 155 (1979) (earlier articulation of ejusdem generis cited for construing general terms in light of specific antecedents)