MOTION/BRIEF ASSIGNMENT: STATEMENT OF FACTS AND SCHEDULE John Smith has sued Mt. Oakland Ski Resort, Inc. for negligence. Defendant will move for summary disposition under MCR 2.117(C)(7) making two separate arguments: (1) Defendant has statutory immunity as Plaintiff assumed the risk of the dangers inherent in the sport of skiing; and (2) A release signed by Plaintiff On February 13, 2019, Plaintiff, who recently graduated from U of M, went with some of his friends to Mount Oakland for a day of skiing. Plaintiff, a new skier, rented skis, poles, boots and bindings from Defendant. Before Plaintiff paid for the rental, he signed an "Agreement and Release from Liability." The Agreement states in several places in enlarged capital letters that the signer must read the release before signing. Plaintiff alleges that he was injured when he was struck from behind by an unknown skier and pushed into a tree while he was skiing on a slope at Defendant Mount Oakland Ski Resort. Plaintiff alleges that his injuries were the result of Defendant's failure to provide a safe ski area. Assume that your firm represents Defendant Mount Oakland Ski Resort. Draft a motion for summary disposition based on MCR 2.116(C)(7), and a brief in support of the motion. Research Outline for two issues/arguments: (1) assumption of the risk and (2) release. The Outline should contain the legal authority--statute and case law-- that you will use for each argument. It will form the basis for your motion and brief. This assignment MUST be turned in on time so that I can review it AT CLASS and you can prepare your first draft of MOTION AND BRIEF. First draft must be turned in on time so that you will have feedback for the final version. ASSIGNMENTS NOT TURNED IN BY DEADLINE WILL RECEIVE NO CREDIT. Research Outline for SD motion and brief. I) Standard of review for summary disposition motions: MCR 2.116(C)(7) Case stating the rule:_____________________________________ II) Assumption of the risk: The issue:__________________________________________________________ The rule: ____________________________________________________________ Statute_____________________________________________________________ Case Law___________________________________________________________ III) Release: The issue:________________________________________________________ The rule:__________________________________________________________ STATUTE FOR THIS ISSUE DOES NOT EXIST. Case Law_________________________________________________________ THESE ARE EXAMPLES OF BOILERPLATE LANGUAGE. STANDARD OF REVIEW MCR 2.116(C)(7) provides for summary disposition where the claim is barred by prior release. In determining whether a party is entitled to judgment as a matter of law pursuant to MCR 2.116(C)(7), a court must accept as true a plaintiff's well-pleaded factual allegations, affidavits, or other documentary evidence, and construe them in the plaintiff's favor. Brennan v Edward D Jones & Co, 245 Mich App 156, 157; 626 NW2d 917 (2001).
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