Order Michigan Supreme Court
Lansing, Michigan
October 19, 2011 Robert P. Young, Jr.,
Chief Justice
142936 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
GALE BOERTMANN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 142936
COA: 293835
Macomb CC: 2008-003332-NF
CINCINNATI INSURANCE COMPANY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 8, 2011
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address whether a no-fault insured who sustains psychological injury producing physical
symptoms as a result of witnessing the fatal injury of a family member in an automobile
accident while not an occupant of the vehicle involved is entitled under
MCL 500.3105(1) to recover benefits for accidental bodily injury arising out of the
ownership, operation, maintenance or use of a motor vehicle as a motor vehicle.
The Michigan Association for Justice, the Michigan Defense Trial Counsel, Inc.,
the Commissioner of the Office of Financial and Insurance Regulation, and the
Negligence Law Section of the State Bar of Michigan are invited to file briefs amicus
curiae. Other persons or groups interested in the determination of the issues presented in
this case 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.
October 19, 2011 _________________________________________
p1012 Clerk
Gale Boertmann v. Cincinnati Insurance Company
Combined Opinion