One Court of Justice

On November 19, 2009, the Michigan Supreme Court granted applications for leave to appeal in three cases, which are discussed after the jump.  The Court also denied seven applications for leave and remanded Baldwin v. American Axel Manufacturing Holdings, No. 139416, and Sparks v. Citizen’s Insurance Company of America, No. 139070, as on leave granted.

The Court granted leave to appeal in Brooks v. Starr Commonwealth, No. 139144.  It asked the parties to brief the following questions: “(1) whether, under the facts of this case, defendant Starr Commonwealth’s alleged failure to ‘immediately’ notify, within the meaning of MCL 803.306a(1), appropriate authorities of Michael Kirksey’s escape constituted negligence per se, (2) whether defendant Starr Commonwealth’s conduct was a proximate cause of plaintiff’s loss, and (3) whether MCL 803.306a(1) creates a duty with respect to the general public.”  The Court’s order may be found here.

The Court also granted leave in Lansing Schools Education Association v. Lansing Board of Education, No. 138401.  The parties were ordered to brief two issues: whether  “(1) the Court of Appeals erred in concluding that the plaintiff school teachers and union lack standing to seek enforcement of Section 1311a(1) of the Revised School Code, MCL 380.1 et seq., and (2) whether Lee v Macomb Co Bd of Comm’rs, 464 Mich 726 (2001), was correctly decided.”  The Court’s order may be found here.

Lastly, the Court granted leave in Gadigian v. City of Taylor, No. 138323.  The Court requested the parties to brief two issues: “(1) whether the Court of Appeals correctly interpreted MCL 691.1402a(2); and (2) what evidence a plaintiff must present to rebut the inference of reasonable repair.”  The Court’s order may be found here.