Lejuan Rambin v. Allstate Insurance Company ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
May 1, 2013 Robert P. Young, Jr.,
Chief Justice
146256 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
LEJUAN RAMBIN, Bridget M. McCormack
Plaintiff-Appellee, David F. Viviano,
v SC: 146256 Justices
COA: 305422
Wayne CC: 10-009091-NF
ALLSTATE INSURANCE COMPANY,
Defendant/Cross-Defendant/
Third-Party Plaintiff-Appellant,
and
TITAN INSURANCE COMPANY,
Defendant/Cross-Plaintiff-
Appellee,
and
AAA OF MICHIGAN,
Third-Party Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 30, 2012
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.302(H)(1). At
oral argument, the parties shall address whether the plaintiff took the motorcycle on
which he was injured “unlawfully” within the meaning of MCL 500.3113(a), and
specifically, whether “taken unlawfully” under MCL 500.3113(a) requires the
“person . . . using [the] motor vehicle or motorcycle” to know that such use has not been
authorized by the vehicle or motorcycle owner, see MCL 750.414; People v Laur, 128
Mich App 453 (1983), and, if so, whether the Court of Appeals erred in concluding that
plaintiff lacked such knowledge as a matter of law given the circumstantial evidence
presented in this case. The parties may file supplemental briefs within 42 days of the
date of this order, but they should not submit mere restatements of their application
papers.
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.
May 1, 2013 _________________________________________
p0424 Clerk