Opinion
Docket No. 151719. COA No. 319796.
02-05-2016
Daniel KEMP, Plaintiff–Appellant, v. FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, Defendant–Appellee.
Opinion
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 plaintiffs 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, 580 N.W.2d 424 (1998). The parties should not submit mere restatements of their application papers.