Order Michigan Supreme Court
Lansing, Michigan
October 3, 2008 Clifford W. Taylor,
Chief Justice
134950 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
MARK S. MARTIN, Stephen J. Markman,
Plaintiff-Appellee, Justices
v SC: 134950
COA: 276134
WCAC: 05-000230
EATON CORPORATION,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 16, 2007
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration as on leave granted in light of Stokes v Chrysler LLC, 481 Mich 266
(2008).
CAVANAGH, J., would deny leave to appeal.
WEAVER, J. (dissenting).
I dissent from the order remanding this case to the Court of Appeals as on leave
granted for reconsideration in light of Stokes v Chrysler LLC, 481 Mich 266 (2008).
Because I dissented from the majority opinion in Stokes, I would grant leave to
appeal in this case to consider whether the Stokes majority reached the correct decision in
Stokes.
KELLY, J., joins the statement of WEAVER, J.
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 3, 2008 _________________________________________
0930 Clerk