Order Michigan Supreme Court Lansing, Michigan April 29, 2020 Bridget M. McCormack, Chief Justice 160037 David F. Viviano, Chief Justice Pro Tem Stephen J. Markman Brian K. Zahra DONNA SWAIN, Personal Representative Richard H. Bernstein of the ESTATE OF MICHAEL SWAIN, Elizabeth T. Clement Plaintiff-Appellee, Megan K. Cavanagh, Justices v SC: 160037 COA: 347760 MCAC: 17-000011 MILES TRUCKING & EXCAVATING COMPANY and ACUITY, Defendants-Appellants.

_____________________________________/ On order of the Court, the application for leave to appeal the June 26, 2019 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

I, Larry S. Royster, 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.

April 29, 2020 b0420 Clerk