The Michigan Supreme Court is sending a golf cart dispute back to the first tee.
Ken Bertin and Doug Mann were playing at Farmington Hills Golf Club in 2013 when Mann accidentally hit Bertin with a cart. Bertin filed a lawsuit over his injuries.
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An Oakland County jury said Mann didn’t commit reckless misconduct. The case has been appealed because Bertin argues that the legal standard applied by the judge was too high.
In a unanimous decision Wednesday, the state Supreme Court ordered Judge Martha Anderson to take another swing. The court says Bertin deserves a new trial if the judge finds that the risk of being hit by the cart wasn’t reasonably foreseeable.
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