Order Michigan Supreme Court
Lansing, Michigan
December 7, 2011 Robert P. Young, Jr.,
Chief Justice
143503 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
JAMES DOUGLAS, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 143503
COA: 295484
ALLSTATE INSURANCE COMPANY, Washtenaw CC: 05-000596-NF
Defendant-Appellant.
____________________________________/
On order of the Court, the application for leave to appeal the June 23, 2011
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the Court of Appeals erred in
remanding this case to the trial court for further proceedings regarding the amount of
incurred expenses for attendant care from November 7, 2006, to November 18, 2009,
after finding that the trial court clearly erred in awarding attendant care benefits to the
plaintiff without requiring sufficient documentation to support the daily and weekly hours
underlying the award; (2) whether the plaintiff presented sufficient proofs at trial to
support the trial court’s award of attendant care benefits for the period before November
7, 2006; (3) whether activities performed by Katherine Douglas constituted attendant care
under MCL 500.3107(1)(a) or replacement services under MCL 500.3107(1)(c); and
(4) whether the trial court clearly erred in awarding attendant care benefits at the rate of
$40 per hour.
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 _________________________________________
h1130 Clerk