CAIN v. WASTE MANAGEMENT INC., 470 Mich. 870 (2004)

682 N.W.2d 84

SCOTT M. CAIN, Plaintiff-Appellee, v. WASTE MANAGEMENT INC., AND TRANSPORTATION INSURANCE CO., Defendants-Appellants, and SECOND INJURY FUND, Defendant-Appellee.

No. 125111.Supreme Court of Michigan.
June 3, 2004.

SC: 125111, COA: 242104, WCAC: 98-000390.

On order of the Court, the application for leave to appeal the November 6, 2003 judgment of the Court of Appeals is considered, and it is GRANTED. The parties are directed to include among the issues briefed whether the “loss of industrial use” standard may be applied to claims of specific loss under MCL 418.361(2), and whether Pipe v. Leese Tool Die Co., 410 Mich. 510 (1981), should be overruled. We further ORDER that this case be argued and submitted to the Court together with the case of Cain v. Waste Management Inc. (Docket No. 125180) at such future session of the Court as both cases are ready for submission.

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