Order Michigan Supreme Court Lansing, Michigan

July 24, 2012 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Marilyn Kelly 143760(78) Stephen J. Markman Diane M. Hathaway Mary Beth Kelly SANDRA K. AVERY, Individually and as Brian K. Zahra, Justices Personal Representative of the Estate of ROBERT B. AVERY, Deceased, Plaintiff-Appellee, v SC: 143760 COA: 296582 Genesee CC: 08-088101-NI GRAND TRUNK WESTERN RAILROAD INCORPORATED, Defendant-Appellant. _________________________________________/

On order of the Court, the motion for reconsideration of this Court’s May 2, 2012 order is considered, and it is DENIED, because it does not appear that the order was entered erroneously.

MARILYN KELLY, J., would grant reconsideration and, on reconsideration, would grant leave to appeal.

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. July 24, 2012 _________________________________________ d0716 Clerk