Estate of Mira E Abay v. Daimlerchrysler Ins Co ( 2010 )

Order Michigan Supreme Court Lansing, Michigan December 1, 2010 Marilyn Kelly, Chief Justice 139725 Michael F. Cavanagh Maura D. Corrigan MARIA C. ABAY, Personal Representative of the Robert P. Young, Jr. Stephen J. Markman Estate of MIRA E. ABAY, Diane M. Hathaway Plaintiff/Counter-Defendant- Alton Thomas Davis, Appellant, Justices v SC: 139725 COA: 283624 Oakland CC: 2006-075016-CK DAIMLERCHRYSLER INSURANCE COMPANY, Defendant/Counter-Plaintiff/Cross- Plaintiff/Third-Party-Appellee, and DAIMLERCHRYSLER CORPORATION, a/k/a CHRYSLER LLC, Defendant-Appellee, and JAMES E. TRENT and KELLY ROSE BROOKS, Defendants/Cross-Defendants, and AUTO CLUB GROUP INSURANCE COMPANY, d/b/a AAA MICHIGAN, and ALVIN JEROME TAYLOR, Third-Parties. _________________________________________/ On order of the Court, leave to appeal having been granted and the briefs and oral arguments of the parties having been considered by the Court, we VACATE our order of March 24, 2010. The application for leave to appeal the August 13, 2009 judgment of the Court of Appeals is DENIED, because we are no longer persuaded that the questions presented should be reviewed by this Court. KELLY, C.J., and DAVIS, J., would reverse the Court of Appeals decision for the reasons stated in the Court of Appeals dissenting opinion. HATHAWAY, J., would reverse the judgment of the Court of Appeals. 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. December 1, 2010 _________________________________________ 1123 Clerk