Order Michigan Supreme Court
Lansing, Michigan
September 15, 2006 Clifford W. Taylor,
Chief Justice
131036 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
MICHAEL BANKS, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 131036
COA: 257902
Oakland CC: 2003-049526-NO
EXXON MOBIL CORPORATION, d/b/a
WIXOM MOBIL ON THE RUN, and
ROBERT PEMBERTON,
Defendants-Appellees,
and
DEBRA SALISBURY,
Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 16, 2006
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(G)(1). At oral argument, the parties shall address: (1) whether the lower courts
erred in ruling that the defendants are entitled to summary disposition on the issue of
whether the defendants knew or should have known of the dangerous condition of the
gasoline pump; and (2) whether the Oakland Circuit Court’s ruling that the jury would be
instructed that it could infer that the missing videotape would be adverse to the
defendants should play any role in the determination of whether summary disposition is
warranted under MCR 2.116(C)(10) and, if so, how the adverse inference affects the
summary disposition proceedings. The parties may file supplemental briefs within 42
days of the date of this order, but they should avoid submitting a mere restatement of the
arguments made in 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.
September 15, 2006 _________________________________________
s0912 Clerk