Catherine Wilcox v. State Farm Mutual Automobile Insurance Company ( 2010 )

Order Michigan Supreme Court
Lansing, Michigan
December 29, 2010 Marilyn Kelly,
Chief Justice
138602 Michael F. Cavanagh
Maura D. Corrigan
CATHERINE WILCOX, Individually, and as Robert P. Young, Jr.
Stephen J. Markman
Next Friend of ISAAC WILCOX, a Minor, Diane M. Hathaway
Plaintiff-Appellant, Alton Thomas Davis,
and Justices
SUNRISE HOME HEALTH SERVICES, INC.,
Intervening Plaintiff,
v SC: 138602
COA: 290515
Kent CC: 08-010129-NF
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion for reconsideration of this Court’s November 9,
2010 order is considered, and it is GRANTED for the limited purpose of clarifying the
remand instructions issued by the Court of Appeals. The Court of Appeals stated that
“[w]hether a cost constitutes an allowable expense is a question of law and so it is to be
determined by the court, not the jury.” Although whether an expense constitutes an
“allowable expense” under MCL 500.3107(1)(a) is generally a question of law for the
court, Griffith v State Farm Mut Automobile Ins Co, 472 Mich 521, 525-526 (2005), “the
question whether expenses are reasonable and reasonably necessary is generally one of
fact for the jury.” Nasser v Auto Club Ins Assoc, 435 Mich 33, 55 (1990). Therefore, to
the extent that there are material questions of fact pertaining to whether the expenses in
this case are reasonable and reasonably necessary, these questions of fact must be decided
by a jury.
CAVANAGH, J., states as follows:
Although I agree with this Court’s decision to clarify the remand instructions
issued by the Court of Appeals, I continue to disagree with this Court’s order vacating its
April 16, 2010 order and denying leave to appeal, for the reasons stated in my dissenting
statement in this case, ___ Mich ___ (2010).
KELLY, C.J., and HATHAWAY, J., join the statement of CAVANAGH, J.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 29, 2010 _________________________________________
1222 Clerk