Duffy v. Irons Area Tourist Association, et al., Nos. 309003 and 311023, 2013 Mich. App. LEXIS 720 (Mich. Ct. App. Apr. 18, 2013)

(plaintiff was driving ATV on public trail when she lost control and crashed suffering spinal cord injuries and paralysis; plaintiff sued defendant on basis that state (MI) had contracted with defendant to grade and maintain trail and defendant negligently failed to properly maintain trail; defendant moved for summary disposition on basis that trail covered under recreational use act which limited liability to gross negligence; trial court granted defendant's motion; on appeal, court reversed on basis that state recreational use statute applied to "owner, tenant or lessee of land" and court would only enforce the law as written and not give statute a "judicial gloss designed to promote what the court believes to be the Legislature's policy goal in enacting the statute"; defendant entered into "grant agreement" with state DNR to improve trail, but no ownership interest transferred; defendant not an "owner, tenant, or lessee" of land on which plaintiff injured and statute inapplicable).