Wayne Cottrill v. Craig Kenneth Senter ( 2010 )

Order Michigan Supreme Court
Lansing, Michigan
October 26, 2010 Marilyn Kelly,
Chief Justice
139677 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
WAYNE COTTRILL, Individually and as Diane M. Hathaway
Next Friend of JEREMY COTTRILL, and Alton Thomas Davis,
SALLY COTTRILL, Justices
Plaintiffs,
and
SALLY COTTRILL as Next Friend of
ANTHONY KELSEY,
Plaintiff-Appellant,
v SC: 139677
COA: 285216
Genesee CC: 06-084724-NI
CRAIG KENNETH SENTER,
Defendant-Appellee,
and
FENTON LANES INC.,
Defendant.
_________________________________________/
By order of December 21, 2009, the application for leave to appeal the June 23,
2009 judgment of the Court of Appeals was held in abeyance pending the decision in
McCormick v Carrier (Docket No. 136738). On order of the Court, the case having been
decided on July 31, 2010, 487 Mich ___ (2010), the application is again considered and,
pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the
judgments of the Court of Appeals and the Genesee Circuit Court, and we REMAND this
case to the trial court for reconsideration in light of McCormick.
CORRIGAN, J. (concurring).
I concur in the order remanding for reconsideration under McCormick v Carrier,
487 Mich ___ (2010), because the majority opinion in McCormick altered the criteria for
determining whether an injured plaintiff meets the serious impairment threshold in MCL
500.3135(7). But I reiterate my disagreement with the McCormick majority’s analysis
2
for the reasons expressed in Justice MARKMAN’s dissent in that case, which I joined. I
continue to conclude that the McCormick majority misinterpreted MCL 500.3135(7), thus
encouraging litigation that is expressly prohibited by the motor vehicle no-fault insurance
act and upsetting the Legislature’s clear intent to provide Michigan citizens with timely,
automatic benefits for injuries sustained in auto accidents while avoiding costly,
unnecessary litigation.
YOUNG, J. (concurring).
Although I recognize that this Court’s decision in McCormick v Carrier, 487 Mich
___ (2010), now controls when a person may recover in tort for non-economic loss under
the no-fault act, I continue to adhere to the position stated in Justice MARKMAN’s
dissenting opinion in that case, which I joined.
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.
October 26, 2010 _________________________________________
d1018 Clerk