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161232 - Jeff Trecha v Brenden Remillard

Jeff Trecha, as Next Friend of Bradley Trecha,

 

Edwin Jakeway

 

Plaintiff-Appellant,

 

v

(Appeal from Ct of Appeals)

 

 

(Genesee – Bell, C.)

 

Brenden Remillard,

 

Mary Nemeth

 

Defendant-Appellee.

 

Summary

After losing the final point in a high school tennis match that occurred during team practice, the defendant hit a tennis ball behind him toward a fence, not realizing that a teammate, Bradley Trecha, was standing behind him.  The ball hit Bradley in the eye, causing significant damage.  The plaintiff, as Bradley’s next friend, filed a negligence action against the defendant.  The defendant moved for summary disposition, arguing that he and Bradley were co-participants in the tennis practice, and that Bradley assumed the foreseeable risk of being hit by a tennis ball.  The trial court granted the defendant’s motion, and the Court of Appeals affirmed in an unpublished opinion.  The Supreme Court has ordered oral argument on the application to address whether, assuming Bradley Trecha was a participant in the recreational activity of tennis when his injuries occurred, the particular risk that caused his injuries was reasonably foreseeable under the circumstances.  See Bertin v Mann, 502 Mich 603, 619-622 (2018).​