Banks v. Exxon Mobil Corp.

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