Order Michigan Supreme Court
Lansing, Michigan
March 30, 2007 Clifford W. Taylor,
Chief Justice
132355 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
ANNETTE D. HARRY, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 132355
COA: 257539
Wayne CC: 01-124871-NF
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the July 13, 2006
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE that portion of the Court of Appeals
decision that concluded that plaintiff had abandoned her non-foot injury claims. In her
brief on appeal to the Court of Appeals, plaintiff discussed the non-foot injuries and their
continuing effect on her life. As a result, plaintiff did not abandon these claims. We
REMAND this case to the Wayne Circuit Court for a bifurcated retrial with respect to
plaintiff’s uninsured motorist and personal insurance protection benefit claims, the relief
defendant requested in its appeal to the Court of Appeals. The testimony of Dr. Richard
Pike will not be considered on retrial of either claim.
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.
March 30, 2007 _________________________________________
t0327 Clerk