Gary Mark McManigal v. George Jan Levosinski ( 2010 )

Order Michigan Supreme Court
Lansing, Michigan
October 26, 2010 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Maura D. Corrigan
138447 Robert P. Young, Jr.
Stephen J. Markman
GARY MARK McMANIGAL, Diane M. Hathaway
Plaintiff-Appellant, Alton Thomas Davis,
Justices
v SC: 138447
COA: 283030
Oakland CC: 2007-080823-NI
GEORGE JAN LEVOSINSKI,
Defendant-Appellee.
_____________________________________/
By order of August 20, 2009, the application for leave to appeal the February 3,
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
judgment of the Court of Appeals, and we REMAND this case to the Court of Appeals
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
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