James Douglas v. Allstate Insurance Company

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