Charles Anthony Lefevers v. State Farm Mutual Automobile Ins Co

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