Daniel Kemp v. Farm Bureau General Insurance Company of Michigan

Order Michigan Supreme Court
Lansing, Michigan

February 5, 2016 Robert P. Young, Jr.,
Chief Justice

Stephen J. Markman
Brian K. Zahra
151719 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
DANIEL KEMP, Justices
Plaintiff-Appellant,
v SC: 151719
COA: 319796
Wayne CC: 13-008264-NF
FARM BUREAU GENERAL INSURANCE
COMPANY OF MICHIGAN,
Defendant-Appellee.

____________________________________/

On order of the Court, the application for leave to appeal the May 5, 2015
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR
7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this
order addressing: (1) whether the plaintiff’s injury is closely related to the
transportational function of his motor vehicle, and thus whether the plaintiff’s injury
arose out of the ownership, operation, maintenance, or use of his motor vehicle as a
motor vehicle; and (2) whether the plaintiff’s injury had a causal relationship to his
parked motor vehicle that is more than incidental, fortuitous, or but for. McKenzie v Auto
Club Ins Ass'n, 458 Mich 214, 217 n 3, 225-226 (1998). The parties should not submit
mere restatements of their application papers.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
February 5, 2016
a0202
Clerk