MARQUETTE — A Michigan Court of Claims dismissal in a case regarding a negligence action against Northern Michigan University has been upheld by a state appeals court.

Derek Hall, chief marketing officer for NMU, confirmed the case against NMU, which stemmed from a 2015 Adventure Activities class, had been dismissed by the court of claims and was confirmed on appeal. The case against the instructor involved has been reinstated upon appeal.

He said that regarding the case against the instructor, the university’s practice is to not comment on ongoing cases.

The Michigan Court of Appeals made its decision in late April.

The case stems from an incident that took place at the NMU Physical Education and Instructional Facility on April 23, 2015.

According to court documents, Peter Bosma was an instuctor during the RE 251 class in which the plaintiff, Petra Pike, formerly known as Petra Hanrahan, was a student.

Bosma instructed his students to use a rock wall in pairs, with one student attempting to climb the rock wall while blindfolded and relying solely on verbal instructions provided by the other student, who remained on the ground.

The plaintiff, who was paired with another student and designated the climber, allegedly was given poor instructions by her partner and fell, striking her head and body on the ground.

Bosma now is listed on the NMU website as a contingent special instructor.

A notice of intent to file a claim against NMU dated Aug. 21, 2015 was filed with the Court of Claims on Aug. 24, 2015.

On April 24, 2018, the Court of Claims granted the defendants’ motion for summary disposition, concluding the plaintiff’s NOI was filed with the court more than 120 days after the injury occurred, missing the deadline by three days.

However, the court determined the case against Bosma could proceed because he was not “the state,” but a state employee, and a filing window of six months could be used.

The case against Bosma was remanded to the Court of Claims for further proceedings.

The Mining Journal was unable to reach Bosma for comment.