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Navarro v. Isterabadi9/11/2003
luded a paragraph expressly requesting a separate hearing with regard to damages. Further, BCBSM's counsel stated at the hearing concerning the motion to intervene that no party was adequately representing its interests, and the trial court stated that it was granting the relief that BCBSM requested. Also, we agree with BCBSM that the reference to a trial "of the main action" would make little sense unless it was contemplated that BCBSM was to have a separate trial with regard to its alleged damages. Thus, we conclude that the only rational interpretation of the prior order is that it provided for a separate trial for BCBSM with regard to its claim for damages. See Kirby v Michigan High School Athletic Ass'n, 459 Mich 23, 40-41; 585 NW2d 290 (1998) (interpreting a court order in accordance with its "only rational interpretation" in light of relevant circumstances).
Regarding BCBSM's alleged failure to cite a statute in support of a right to a separate trial, we note that BCBSM cited MCR 2.505(B) in its motion for intervention and joinder. That rule authorizes a trial court to conduct a separate trial on one or more claims or third-party claims. Thus, we conclude that the trial court abused its discretion by dismissing BCBSM's complaint based on a flawed rationale and, accordingly, we vacate its order dismissing that complaint and remand this case for reconsideration of defendant's motion to dismiss BCBSM's complaint.
We note that defendant provides additional considerations (such as the alleged lack of a subrogation right) that he asserts support dismissal of BCBSM's complaint. However, these considerations were not relied on by the trial court in dismissing BCBSM's complaint. In light of the discretionary nature of a trial court's decision regarding whether to dismiss a complaint, we leave these matters for the trial court's consideration on remand.
We affirm the judgment for plaintiff, vacate the order dismissing BCBSM's complaint, and remand for further proceedings consistent with this opinion. We do not retain jurisdiction.
Patrick M. Meter
Michael J. Cavanagh
Jessica R. Cooper
Page 1 2 3 4 Michigan Personal Injury Attorneys
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