Order Michigan Supreme Court
Lansing, Michigan
May 23, 2007 Clifford W. Taylor,
Chief Justice
129282 & (54) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
DANIEL JOHN WESCHE and Robert P. Young, Jr.
BEVERLY WESCHE, Stephen J. Markman,
Justices
Plaintiffs-Appellants,
v SC: 129282
COA: 251641
Mecosta CC: 03-015556-NI
MECOSTA COUNTY ROAD COMMISSION,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion for miscellaneous relief is GRANTED. The
application for leave to appeal the July 5, 2005 judgment of the Court of Appeals is
considered, and it is GRANTED. The parties shall address the issue 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.
We further ORDER that this case be argued and submitted to the Court together
with the case of Kik v Sbraccia (Docket No. 132849), 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 issue 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