Order Michigan Supreme Court
Lansing, Michigan
May 28, 2010 Marilyn Kelly,
Chief Justice
140193 & (35) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
JEROME PLUNKETT, as Personal Diane M. Hathaway,
Representative of the ESTATE OF Justices
HOLLY MARIE PLUNKETT,
Plaintiff-Appellant,
v SC: 140193
COA: 284320
Ingham CC: 05-000166-MD
DEPARTMENT OF TRANSPORTATION,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion to file a reply brief is GRANTED. The
application for leave to appeal the November 3, 2009 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 peremptory action. MCR 7.302(H)(1). At oral argument, the
parties shall address whether the highway exception to governmental immunity, MCL
691.1402(1), applies to an alleged failure to maintain a highway to correct rutting that
allegedly resulted in the accumulation of water on the rutted portion of the pavement,
causing hydroplaning and the loss of control of the vehicle that led to the fatal accident.
The parties may file supplemental briefs within 42 days of the date of this order, but they
should not submit mere restatements of their application papers.
The Michigan Association for Justice, the Michigan Defense Trial Counsel, Inc.,
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 issue
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.
May 28, 2010 _________________________________________
p0526 Clerk