Order Michigan Supreme Court
Lansing, Michigan
October 3, 2007 Clifford W. Taylor,
Chief Justice
134752 Michael F. Cavanagh
& (20) Elizabeth A. Weaver
(21) Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
Justices
WILLIAM A. SADOWY and WALTER A.
SADOWY,
Plaintiffs-Appellees,
v SC: 134752
COA: 278789
Sanilac CC: 05-030657-CK
DETROIT EDISON COMPANY and DTE
ENERGY COMPANY,
Defendants-Appellants.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the August 2, 2007 order of the Court of Appeals is
considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we
REMAND this case to the Court of Appeals for consideration, as on leave granted, of the
question whether, in light of this Court's holding in Trentadue v Buckler Automatic Lawn
Sprinkler Co, 479 Mich 378 (2007), and Jackson Co Hog Producers v Consumers Power
Co, 234 Mich App 72, 81-83 (1999), the plaintiffs' claim is barred by the statute of
limitations. In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining question presented should be reviewed by this Court. The
motion for peremptory reversal is DENIED. We further ORDER that trial court
proceedings are stayed pending the completion of this appeal. On motion of a party or on
its own motion, the Court of Appeals may modify, set aside, or place conditions on the
stay if it appears that the appeal is not being vigorously prosecuted or if other appropriate
grounds appear.
WEAVER, J., dissents and states as follows:
I dissent from the majority’s decision to remand this case to the Court of Appeals
for consideration as on leave granted in light of Trentadue v Buckler Automatic Lawn
Sprinkler Co, 479 Mich 378 (2007).
2
I would grant the application for leave to appeal, and request that the majority of
four reconsider its decision eliminating the common-law discovery rule on the basis of
my dissent in Trentadue, supra at 407-430.
CAVANAGH, J., joins the statement of WEAVER, J.
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 3, 2007 _________________________________________
l1002 Clerk