Order Michigan Supreme Court
Lansing, Michigan
October 12, 2007 Clifford W. Taylor,
Chief Justice
133686 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
RAQUEL RODRIGUEZ, Maura D. Corrigan
Plaintiff-Appellee, Robert P. Young, Jr.
and Stephen J. Markman,
Justices
PACIFIC EMPLOYERS INSURANCE,
Intervening Plaintiff-Appellee,
v SC: 133686
COA: 263930
Wayne CC: 02-231906-CZ
A.S.E. INDUSTRIES, INC.,
Defendant,
Cross-Plaintiff-Appellant,
and
AMERICAN AXLE & MANUFACTURING
HOLDINGS, INC., and AMERICAN AXLE &
MANUFACTURING, INC.,
Defendants, Cross-Defendants,
and
DESIGN SYSTEMS, INC., INNOVATIVE
ENGINEERING, INC., and PMI MANAGEMENT
GROUP, INC.,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the March 22, 2007
judgment of the Court of Appeals is considered, and it is GRANTED, limited to the
issues: (1) whether the trial court properly made independent findings in avoidance of
the cap on non-economic damages provided for in MCL 600.2946a(1) after the jury had
made contrary findings; and (2) if the damages cap applies, whether the trial court
properly applied the apportionment of fault between defendant and American Axle before
applying the damages cap.
The Clerk of the Court is directed to place this case on the January 2008 session
calendar for argument and submission. Appellant’s brief and appendix must be filed no
2
later than November 16, 2007, and appellees’ brief and appendix, if appellees choose to
submit an appendix, must be filed no later than December 17, 2007.
The Michigan Association of Justice, the Michigan Defense Trial Counsel, Inc.,
the Michigan Chamber of Commerce, and the Michigan Manufacturers Association 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.
CAVANAGH, J., not participating due to a familial relationship with counsel of
record.
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.
October 12, 2007 _________________________________________
t1010 Clerk