Order Michigan Supreme Court
Lansing, Michigan
May 30, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
135778 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
ROBERT E. BENEFIEL, Stephen J. Markman,
Plaintiff-Appellee, Justices
v SC: 135778
COA: 273664
Livingston CC: 05-021742-NI
AUTO-OWNERS INSURANCE COMPANY,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the December 27, 2007
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 correctly held
that review of a plaintiff’s “whole life” in order to determine the plaintiff’s “normal
lifestyle” should include the time period before the onset of pre-existing impairments if
those impairments are not permanent, and if so, which party bears the burden of
establishing that the pre-existing impairments are not permanent; (2) whether the Court of
Appeals correctly held that, in this case, the appropriate time period under consideration
included the time period before the plaintiff’s 2002 accident; (3) whether, in reviewing
the Livingston Circuit Court’s decision granting the defendant’s motion for summary
disposition, it was proper for the Court of Appeals to both reverse the trial court’s
decision and to hold that the plaintiff established a serious impairment as a matter of law;
and (4) whether the Court of Appeals correctly instructed the trial court that if the jury
finds it impossible to differentiate between the damages caused by the first and second
accidents, the defendant must be deemed responsible for all the injuries and damages
sustained by the plaintiff, despite the fact that the plaintiff brought and settled a prior suit
involving the first accident.
The Michigan Association for Justice, the Coalition Protecting Auto No-Fault, the
Michigan Defense Trial Counsel, Inc. and the Insurance Institute 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.
May 30, 2008 _________________________________________
d0527 Clerk