Order Michigan Supreme Court
Lansing, Michigan
December 20, 2007 Clifford W. Taylor,
Chief Justice
133596 & (26) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
FERN WILLER, Maura D. Corrigan
Plaintiff-Appellee, Robert P. Young, Jr.
Stephen J. Markman,
Justices
v SC: 133596
COA: 273805
Wayne CC: 06-607259-CK
TITAN INSURANCE COMPANY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the February 23, 2007 order of the Court of Appeals is
considered. We direct the Clerk to schedule oral argument during the March 2008
session calendar on whether to grant the application or take other peremptory action.
MCR 7.302(G)(1). At oral argument, the parties shall address whether the defendant was
entitled to summary disposition because of the absence of a genuine issue of material fact
as to whether the causal connection between the plaintiff’s injuries and her scraping the
windshield of her vehicle was anything beyond “incidental, fortuitous or ‘but for’” such
that the injuries arose out of the “ownership, operation, maintenance or use of a motor
vehicle as a motor vehicle” within the meaning of MCL 500.3105(1). The parties may
file supplemental briefs no later than February 7, 2008, but they should not submit mere
restatements of their application papers.
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.
December 20, 2007 _________________________________________
s1219 Clerk