Order Michigan Supreme Court
Lansing, Michigan
May 16, 2008 Clifford W. Taylor,
Chief Justice
134798 &(72) Michael F. Cavanagh
Elizabeth A. Weaver
DEPARTMENT OF TRANSPORTATION, Marilyn Kelly
Plaintiff-Appellee, Maura D. Corrigan
v SC: 134798 Robert P. Young, Jr.
COA: 272560 Stephen J. Markman,
Justices
Wayne CC: 04-430645-ND
INITIAL TRANSPORT, INC., and EMPLOYERS
MUTUAL INSURANCE COMPANY,
Defendants-Appellants,
and
GREAT WEST CASUALTY COMPANY and
KIRK NATIONAL LEASING COMPANY, a/k/a
KIRK NATIONALEASE COMPANY,
Defendants.
_________________________________________/
On May 7, 2008, the Court heard oral argument on the application for leave to
appeal the July 26, 2007 judgment of the Court of Appeals. On order of the Court, the
application is again considered. MCR 7.302(G)(1). In lieu of granting leave to appeal,
we REVERSE in part the judgment of the Court of Appeals, for the reasons stated in the
Court of Appeals dissenting opinion. The Motor Carrier Safety Act at MCL 480.11a did
not create an exception to the $1 million cap on property damages established by the
Michigan no-fault act in MCL 500.3121(5). We REMAND this case to the Wayne
Circuit Court for further proceedings regarding the defendant Employers Mutual Casualty
Company’s penalty interest payment obligation, as unanimously ordered by the Court of
Appeals. Dep’t of Transportation v North Central Cooperative, LLC, 277 Mich App 633
(2008), which relied on the decision of the Court of Appeals in this case, is overruled.
The motion by the Insurance Institute of Michigan for leave to file a brief amicus curiae
is GRANTED.
CAVANAGH and KELLY, JJ., would grant leave to appeal.
WEAVER, J., dissents and states as follows:
I dissent from the peremptory order reversing the judgment of the Court of
Appeals for the reasons stated in the Court of Appeals opinion. I would deny leave to
appeal.
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 16, 2008 _________________________________________
t0513 Clerk