Hunter v. David Sisco & Auto Club Ins. Ass'n

495 Mich. 960

843 N.W.2d 559

Harold HUNTER, Jr., Plaintiff–Appellant,

v. David SISCO and Auto Club Insurance Association, Defendants,andCity of Flint Transportation Department, Defendant–Appellee.

Docket No. 147335.

COA No. 306018.

Supreme Court of Michigan.

March 21, 2014.

Prior Report: 300 Mich.App. 229, 832 N.W.2d 753.; 495 Mich. 898, 839 N.W.2d 202.

Order

On order of the Court, the motion for reconsideration of this Court's November 20, 2013 order is considered, and it is GRANTED. We VACATE that part of our November 20, 2013 order that denied the plaintiff's application for leave to appeal. On reconsideration, the application for leave to appeal the April 2, 2013 judgment of the Court of Appeals is considered, and it is GRANTED, limited to whether damages for pain and suffering and/or emotional distress may qualify as a “bodily injury” that permits a plaintiff to avoid the application of governmental immunity from tort liability under the motor vehicle exception to governmental immunity, MCL 691.1405 (see Wesche v. Mecosta Co. Rd. Comm., 480 Mich. 75, 746 N.W.2d 847 (2008)).

We direct the Clerk to schedule the oral argument in this case for the same future session of this Court when it will hear oral argument in Hannay v. Dept. of Transportation (Docket No. 146763).

The Michigan Association for Justice, the Michigan...