White v. Taylor Distributing Company, Inc.

• Court: Michigan Supreme Court
• Citation: White v. Taylor Distributing Company, Inc., 741 N.W.2d 382, 480 Mich. 961 (Mich. 2007)
• Decision Date: 30 November 2007
• Docket Number: COA No. 272114.,Docket No. 134751.
• Parties: Sherita WHITE and Derrick White, Plaintiffs-Appellees, v. TAYLOR DISTRIBUTING COMPANY, INC., Penske Truck Leasing Company, L.P., and James J. Birkenheuer, Defendants-Appellants.

741 N.W.2d 382

480 Mich. 961

Sherita WHITE and Derrick White, Plaintiffs-Appellees, v. TAYLOR DISTRIBUTING COMPANY, INC., Penske Truck Leasing Company, L.P., and James J. Birkenheuer, Defendants-Appellants.

Docket No. 134751.

COA No. 272114.

Supreme Court of Michigan.

November 30, 2007.

On order of the Court, the motion for miscellaneous relief is GRANTED. The application for leave to appeal the May 14, 2007 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed whether the Court of Appeals majority correctly ruled that MCR 2.116(C)(10) permits a trial court to deny summary disposition to the moving party even though the opposing party did not present countervailing evidence, on the ground that judgment is not appropriate under MCR 2.116(G)(4).

The Clerk of the Court is directed to place this case on the March 2008 session calendar for argument and submission. Appellants' brief and appendix must be filed no later than January 14, 2008, and ...