Keith a Hubbard v. National Railroad Passenger Corp

Order Michigan Supreme Court
Lansing, Michigan

November 3, 2005 Clifford W. Taylor,
Chief Justice

127240 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
KEITH A. HUBBARD, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices

v SC: 127240

COA: 246165

Wayne CC: 01-115388-NO

NATIONAL RAILROAD PASSENGER
CORPORATION a/k/a AMTRAK,

Defendant-Appellant,

and
SAUK TRAIL DEVELOPMENT, INC., a/k/a

SAUK TRAIL HILLS DEVELOPMENT,

ALLIED WASTE SYSTEMS, INC., a/k/a

ALLIED WASTE INDUSTRIES, INC., and

AUTO CLUB INSURANCE ASSOCIATION

d/b/a AUTO CLUB INSURANCE COMPANY,

and AUTO CLUB OF MICHIGAN

INSURANCE GROUP,

Defendants.

_________________________________________/

On October 19, 2005, the Court heard oral argument on the application for leave to
appeal the September 7, 2004 judgment of the Court of Appeals. On order of the Court,
the application for leave to appeal is again considered and, pursuant to MCR 7.302(G)(1),
in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals
judgment that reverses the Wayne Circuit Court’s grant of defendant’s motion for
summary disposition on plaintiff’s Federal Employers’ Liability Act claim, for the
reasons stated by dissenting Court of Appeals Judge Zahra. We REINSTATE the order
of the Wayne Circuit Court granting defendant’s motion for summary disposition.

CAVANAGH and KELLY, JJ., would deny leave to appeal.

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.
November 3, 2005 _________________________________________
t1031 Clerk