Tamara Woodring v. Phoenix Insurance Company

• Court: Michigan Supreme Court
• Decided: October 5, 2017
• Docket: 151414
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

October 5, 2017 Stephen J. Markman, Chief Justice

Brian K. Zahra Bridget M. McCormack 151414 David F. Viviano Richard H. Bernstein Joan L. Larsen TAMARA WOODRING, Kurtis T. Wilder, Plaintiff-Appellee, Justices

v SC: 151414 COA: 324128 Muskegon CC: 14-049544-NI PHOENIX INSURANCE COMPANY, Defendant-Appellant.

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By order of September 27, 2016, the application for leave to appeal the March 3, 2015 order of the Court of Appeals was held in abeyance pending the decision in Spectrum Health Hospitals v Westfield Ins Co (Docket No. 151419). On order of the Court, the case having been decided on June 30, 2017, 500 Mich ___ (2017), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. Among the issues to be considered, the Court of Appeals shall address whether the causal connection between the plaintiff’s injuries and the maintenance of a motor vehicle as a motor vehicle is more than incidental, fortuitous, or “but for.” Thornton v Allstate Ins Co, 425 Mich 643, 659 (1986).

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. October 5, 2017 a0928 Clerk