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Kik v. Sbraccia

Court: Michigan Supreme Court
Date filed: 2007-05-23
Citations: 731 N.W.2d 406
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3 Citing Cases

Order                                                                                        Michigan Supreme Court
                                                                                                   Lansing, Michigan

  May 23, 2007                                                                                           Clifford W. Taylor,
                                                                                                                 Chief Justice

  132849 	                                                                                             Michael F. Cavanagh
                                                                                                       Elizabeth A. Weaver
  REBECCA KIK and ROBERT KIK, Individually, 	                                                                 Marilyn Kelly
  and as Co-Personal Representatives of the 	                                                            Maura D. Corrigan
  ESTATE of SHARON ANN LEELANI KIK,                                                                    Robert P. Young, Jr.
               Plaintiffs-Appellees,                                                                   Stephen J. Markman,
                                                                                                                      Justices
  v       	                                                         SC: 132849
                                                                    COA: 256419
                                                                    Chippewa CC: 04-007213-NI
  JOHN-CHRISTOPHER SBRACCIA, KINROSS 

  CHARTER TOWNSHIP EMS, and KINROSS 

  CHARTER TOWNSHIP, 

             Defendants-Appellants. 

  _________________________________________/ 


          On order of the Court, the application for leave to appeal the October 10, 2006 and
  November 15, 2005 judgments of the Court of Appeals is considered, and it is
  GRANTED, limited to the issues: (1) whether MCL 691.1405’s exception to
  governmental immunity permits the spouse of a person who sustains bodily injury as a
  result of the negligent operation of a motor vehicle owned by a governmental agency to
  recover damages for loss of consortium; (2) whether MCL 691.1405, providing that
  governmental agencies “shall be liable for bodily injury and property damage resulting
  from the negligent operation . . . of a motor vehicle” owned by a governmental agency,
  limits the damages recoverable in a wrongful death action, as enumerated in MCL
  600.2922(6); and (3) in light of MCL 691.1405’s waiver of governmental immunity for
  bodily injury and property damage resulting from the negligent operation of a motor
  vehicle owned by a governmental agency and operated by an officer, agent, or employee
  of the governmental agency, whether a governmental officer, agent, or employee whose
  alleged gross negligence causes death or bodily injury is subject to personal liability for
  loss of consortium pursuant to MCL 691.1407(2)(c).
          We further ORDER that this case be argued and submitted to the Court together
  with the case of Wesche v Mecosta County Road Comm (Docket No. 129282), at such
  future session of the Court as both cases are ready for submission.
          The Attorney General, Michigan Defense Trial Counsel, Inc., and Michigan Trial
  Lawyers Association 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.




                           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.
                           May 23, 2007                        _________________________________________
         p0516                                                                 Clerk