HILL v. FAIRCLOTH MFG. CO., 119363 (Mich. 1-23-2002)

639 N.W.2d 807

JACK D. HILL, Deceased, by EDWARD F. HILL, Personal Representative, Plaintiff-Appellee, and AUTOMOBILE CLUB OF MICHIGAN, Intervening Plaintiff-Appellee, v. FAIRCLOTH MANUFACTURING COMPANY and ACCIDENT FUND COMPANY, Defendants-Appellants.

No. 119363.Supreme Court of Michigan.
January 23, 2002.

COA: 221335, WCAC: 98-000144.

On order of the Court, the application for leave to appeal from the May 11, 2001 decision of the Court of Appeals is considered, and it is GRANTED. The parties are directed to include among the issues addressed, the question whether the Court of Appeals decision in this case is consistent with Van Gorder v Packard Motorcar Co, 195 Mich. 588 (1917), and, if not, whether Van Gorder should be overruled. It is further ordered that this case be argued together with the case of Frazzini v Total Petroleum, No. 119362 at a future session of the Court when both cases are ready for submission.