MILLER v. COOPER, 488 Mich. 909 (2010)

MILLER v. COOPER.

No. 140711.Supreme Court of Michigan.
October 26, 2010.

Court of Appeals No. 289114.

Summary Disposition.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we vacate the judgments of the Court of Appeals and the Mecosta Circuit Court, and we remand this case to the trial court for reconsideration in light of McCormick v Carrier, 487 Mich. 180 (2010).

CORRIGAN, J. (concurring).

I concur in the order remanding for reconsideration unde McCormick v. Carrier, 487 Mich. 180 (2010), because the majority opinion in McCormick altered the criteria for

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determining whether an injured plaintiff meets the serious impairment threshold in MCL 500.3135(7). But I reiterate my disagreement with the McCormick majority’s analysis for the reasons expressed in Justice MARKMAN’S dissent in that case, which I joined. I continue to conclude that th McCormick majority misinterpreted MCL 500.3135(7), thus encouraging litigation that is expressly prohibited by the motor vehicle no-fault insurance act and upsetting the Legislature’s clear intent to provide Michigan citizens with timely, automatic benefits for injuries sustained in auto accidents while avoiding costly, unnecessary litigation.

YOUNG, J. (concurring).

Although I recognize that this Court’s decision i McCormick v. Carrier, 487 Mich. 180 (2040), now controls when a person may recover in tort for noneconomic loss under the no-fault act, I continue to adhere to the position stated in Justice MARKMAN’S dissenting opinion in that case, which I joined.