Department of Transp. v. Initial Transport, Inc.

Order                                                                                        Michigan Supreme Court
                                                                                                   Lansing, Michigan

  May 16, 2008                                                                                           Clifford W. Taylor,
                                                                                                                 Chief Justice

  134798 &(72)                                                                                         Michael F. Cavanagh
                                                                                                       Elizabeth A. Weaver
  DEPARTMENT OF TRANSPORTATION,                                                                               Marilyn Kelly
          Plaintiff-Appellee,                                                                            Maura D. Corrigan
  v                                                                 SC: 134798                         Robert P. Young, Jr.
                                                                    COA: 272560                        Stephen J. Markman,
                                                                                                                      Justices
                                                                    Wayne CC: 04-430645-ND
  INITIAL TRANSPORT, INC., and EMPLOYERS
  MUTUAL INSURANCE COMPANY,
            Defendants-Appellants, 

  and 


  GREAT WEST CASUALTY COMPANY and 

  KIRK NATIONAL LEASING COMPANY, a/k/a 

  KIRK NATIONALEASE COMPANY, 

             Defendants.    

  _________________________________________/ 


         On May 7, 2008, the Court heard oral argument on the application for leave to
  appeal the July 26, 2007 judgment of the Court of Appeals. On order of the Court, the
  application is again considered. MCR 7.302(G)(1). In lieu of granting leave to appeal,
  we REVERSE in part the judgment of the Court of Appeals, for the reasons stated in the
  Court of Appeals dissenting opinion. The Motor Carrier Safety Act at MCL 480.11a did
  not create an exception to the $1 million cap on property damages established by the
  Michigan no-fault act in MCL 500.3121(5). We REMAND this case to the Wayne
  Circuit Court for further proceedings regarding the defendant Employers Mutual Casualty
  Company’s penalty interest payment obligation, as unanimously ordered by the Court of
  Appeals. Dep’t of Transportation v North Central Cooperative, LLC, 277 Mich App 633
  (2008), which relied on the decision of the Court of Appeals in this case, is overruled.
  The motion by the Insurance Institute of Michigan for leave to file a brief amicus curiae
  is GRANTED.

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

         WEAVER, J., dissents and states as follows:
         I dissent from the peremptory order reversing the judgment of the Court of
  Appeals for the reasons stated in the Court of Appeals opinion. I 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.
                           May 16, 2008                        _________________________________________
         t0513                                                                 Clerk