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.
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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