Daniel Kemp v. Farm Bureau General Insurance Company of Michigan

Opinion

Order Michigan Supreme Court Lansing, Michigan

February 5, 2016 Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

151719 Bridget M. McCormack David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

DANIEL KEMP, Justices Plaintiff-Appellant,

v SC: 151719 COA: 319796 Wayne CC: 13-008264-NF

FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, Defendant-Appellee.

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On order of the Court, the application for leave to appeal the May 5, 2015 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether the plaintiff’s injury is closely related to the transportational function of his motor vehicle, and thus whether the plaintiff’s injury arose out of the ownership, operation, maintenance, or use of his motor vehicle as a motor vehicle; and (2) whether the plaintiff’s injury had a causal relationship to his parked motor vehicle that is more than incidental, fortuitous, or but for. McKenzie v Auto Club Ins Ass'n, 458 Mich 214, 217 n 3, 225-226 (1998). The parties should not submit mere restatements of their application papers.

I, Larry S. Royster, 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.

February 5, 2016

a0202

Clerk