Order Michigan Supreme Court
Lansing, Michigan
February 1, 2008 Clifford W. Taylor,
Chief Justice
134798 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
DEPARTMENT OF TRANSPORTATION, Maura D. Corrigan
Plaintiff-Appellee, Robert P. Young, Jr.
v SC: 134798 Stephen J. Markman,
Justices
COA: 272560
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 order of the Court, the application for leave to appeal the July 26, 2007
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(G)(1). At oral argument, the parties shall address (1) whether the Motor Carrier
Safety Act (MCSA), MCL 480.11 et seq., provides a private cause of action or remedy
for third parties; (2) whether the MCSA, at MCL 480.11a, implicitly amended the cap on
recoverable property damages found in the Michigan No-Fault Act, MCL 500.3101 et
seq., at MCL 500.3121; (3) whether, if the cap has been amended by the MCSA, this has
any relevance to this case, where the applicable financial responsibility amount found in
the MCSA is apparently the same as the property damage cap established in the no-fault
act; and (4) whether the plaintiff is entitled to any penalty interest pursuant to MCL
500.2006. The parties may file supplemental briefs within 42 days of the date of this
order, but they should avoid submitting a mere restatement of the arguments made in
their application papers.
CAVANAGH, J., would deny the application for 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.
February 1, 2008 _________________________________________
t0129 Clerk