Order Michigan Supreme Court
Lansing, Michigan
December 29, 2006 Clifford W. Taylor,
Chief Justice
131517 & (5)(7) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
IN RE CERTIFIED QUESTION FROM Robert P. Young, Jr.
THE FOURTEENTH COURT OF Stephen J. Markman,
Justices
APPEALS DISTRICT OF TEXAS,
_________________________________________/
GLENN MILLER, ESTATE OF CAROLYN
MILLER, SHAWN DEAN, JOHN ROLAND,
and ALMA ROLAND,
Plaintiffs,
v SC: 131517
CA-14: 14-05-00026-CV
239th DC: 15077*JG01
FORD MOTOR COMPANY,
Defendant.
_________________________________________/
On order of the Court, the motions to admit counsel pro hac vice and to file a
surreply brief are GRANTED. The question certified by the Texas Court of Appeals
(Fourteenth District) is considered, and the request to answer the question is GRANTED.
If the parties wish to file further briefs, they must be prepared in conformity with MCR
7.306 through 7.309.
The Michigan Manufacturers Association, the Michigan Trial Lawyers
Association, the Negligence Law Section of the State Bar, and the Michigan Chamber of
Commerce 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., would decline to answer the certified question.
WEAVER, J., dissents and states as follows:
I dissent from the order granting the request of the Texas Court of Appeals,
Fourteenth District, for an answer to the question, because I continue to question this
2
Court's constitutional authority to hear questions certified by other courts.1 Justice
Young2 and Justice Levin3 have also questioned this Court's authority to answer certified
questions. Therefore, I would decline to answer the question in this case.
1
See, e.g., In re Certified Questions (Melson v Prime Ins Syndicate, Inc), 472 Mich 1225
(2005) (Weaver, J., concurring); In re Certified Question (Wayne Co v Philip Morris
Inc), 622 NW2d 518 (2001) (Weaver, J., dissenting); Proposed Amendment of MCR
7.305, 462 Mich 1208 (2000) (Weaver, J., dissenting); In re Certified Question (Kenneth
Henes Special Projects Procurement, Marketing & Consulting Corp v Continental
Biomass Industries, Inc), 468 Mich 109 (2003) (Weaver, J., concurring).
2
See In re Certified Question (Wayne Co v Philip Morris Inc), 622 NW 2d 518 (2001)
(Young, J., concurring).
3
See In re Certified Question (Bankey v Storer Broadcasting Co), 432 Mich 438, 462-
471 (1989) (separate opinion by Levin, 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.
December 29, 2006 _________________________________________
d1219 Clerk