Carmella Rose Miller v. Brandon Nicholas Lee Cooper ( 2010 )

Order Michigan Supreme Court
Lansing, Michigan
October 26, 2010 Marilyn Kelly,
Chief Justice
140711 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
CARMELLA ROSE MILLER, Alton Thomas Davis,
Plaintiff-Appellant, Justices
v SC: 140711
COA: 289114
Mecosta CC: 07-018017-NI
BRANDON NICHOLAS LEE COOPER,
NICK W. BONGARD, and MICHIGAN
MILLERS MUTUAL INSURANCE COMPANY,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the February 9, 2010
judgment of the Court of Appeals is 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 Mecosta Circuit Court, and we REMAND this case to the trial court for
reconsideration in light of McCormick v Carrier (Docket No. 136738), 487 Mich ___
(July 31, 2010).
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
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.
2
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