Order Michigan Supreme Court
Lansing, Michigan
May 1, 2009 Marilyn Kelly,
Chief Justice
136114(78)(79) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
KEITH GAYLE DAVIS, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman
Diane M. Hathaway,
Justices
v SC: 136114
COA: 270478
Ingham CC: 04-000064-CP
FOREST RIVER, INC.,
Defendant-Appellant,
and
KITSMILLER RV, INC.,
Defendant.
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In this case, motions for reconsideration of this Court’s December 19, 2008 order
are considered, and, on order of the Court, they are GRANTED. We VACATE our order
dated December 19, 2008. On reconsideration, the application for leave to appeal the
February 21, 2008 judgment of the Court of Appeals is again considered, and it is
GRANTED. The parties shall address: (1) whether the Uniform Commercial Code,
MCL 440.1101 et seq., applies to the purchase contract between the plaintiff and the
dealer, Kitsmiller RV; (2) if the UCC applies, whether the UCC provides the plaintiff’s
exclusive remedy for revoking acceptance of the purchase contract, MCL 440.2608;
(3) whether the UCC requires privity to revoke acceptance of the purchase contract;
(4) whether third-party beneficiary status under the warranty confers on the plaintiff any
rights independent of the warranty; (5) whether the economic loss doctrine and the UCC,
MCL 440.1101 et seq., apply to the plaintiff consumer’s claims for breach of warranty;
and (6) if the plaintiff’s consumer complaints are not governed by the UCC, what is the
nature and source of any non-UCC remedy.
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.
May 1, 2009 _________________________________________
p0428 Clerk