Order Michigan Supreme Court
Lansing, Michigan
May 9, 2008 Clifford W. Taylor,
Chief Justice
135427 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
BOBBIE J. BRASHERS, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 135427
COA: 279999
Kalamazoo CC: 06-000638-NI
DEBORAH J. VANDERROEST,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the November 28, 2007
order of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
CAVANAGH and KELLY, JJ., would grant leave to appeal.
WEAVER, J., dissents from the denial order, would grant leave to appeal, and states
as follows:
I dissent from the majority of four’s (Chief Justice Taylor, and Justices Corrigan,
Young, and Markman’s) denial of plaintiff’s application for leave to appeal requesting
that this Court reconsider its decision in Kreiner v Fischer, 471 Mich 109 (2004), because
this Court needs to reexamine the misinterpretation of MCL 500.3135 contained in the
majority of four’s opinion in Kreiner. I would grant leave to appeal to reconsider and
correct the majority’s misinterpretation of MCL 500.3135 in Kreiner.
By importing the concept of permanency of injury into MCL 500.3135—a concept
that is nowhere referenced in the text of the statute—the majority of four, in Kreiner,
actively and judicially legislated a permanency and temporal requirement to recover
noneconomic damages in automobile accident cases.1 The Kreiner interpretation of MCL
500.3135 is an unrestrained misuse and abuse of the power of interpretation,
1
For further analysis of the problems created by the majority of four’s Kreiner opinion,
see my dissent in Jones v Olson (Docket No. 132385), ___ Mich ___, ___ (2008).
2
masquerading as an exercise in following the Legislature’s intent, which needs to be
corrected to comport with the actual text of MCL 500.3135.
I would grant 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 9, 2008 _________________________________________
d0506 Clerk