Order Michigan Supreme Court
Lansing, Michigan
October 4, 2012 Robert P. Young, Jr.,
Chief Justice
144781 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
CHARLES ANTHONY LEFEVERS, Justices
Plaintiff-Appellee,
v SC: 144781
COA: 298216
Wayne CC: 08-116325-NF
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant-Appellant,
and
TITAN INSURANCE COMPANY, ZURICH
AMERICAN INSURANCE COMPANY,
STEADFAST INSURANCE COMPANY,
CLARENDON NATIONAL INSURANCE
COMPANY and REDLAND INSURANCE
COMPANY,
Defendants.
____________________________________/
On order of the Court, the application for leave to appeal the December 13, 2011
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 7.302(H)(1). At
oral argument, the parties shall address whether the tailgate on the plaintiff’s dump trailer
was “equipment permanently mounted on the vehicle” for purposes of MCL
500.3106(1)(b), and, if so, whether the plaintiff’s injury was “a direct result of physical
contact with” the tailgate. The parties may file supplemental briefs within 35 days of the
date of this order, but they should not submit mere restatements of their application
papers.
MARILYN KELLY, J., would deny leave to appeal.
I, Corbin R. Davis, 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.
October 4, 2012 _________________________________________
h0927 Clerk