Order Michigan Supreme Court
Lansing, Michigan
December 7, 2011 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
143088 Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PENNY JO JOHNSON, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 143088
COA: 294363
Osceola CC: 08-011513-NF
JOHN RECCA,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 5, 2011
judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issue
whether MCL 500.3135(3)(c), which permits an injured person to recover excess
damages for allowable expenses, work loss, and survivor’s loss in third-party actions,
includes within its scope the cost of replacement services rendered more than three years
after the date of the motor vehicle accident.
The Michigan Association for Justice and the Michigan Defense Trial Counsel,
Inc., are invited to file briefs amicus curiae. Other persons or groups interested in the
determination of the issues presented may move the Court for permission to file briefs
amicus curiae.
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.
December 7, 2011 _________________________________________
d1130 Clerk