TIBURCIO PENA-CRUZ V STATE FARM MUTUAL AUTOMOBILE INSURANCE CO

Michigan Supreme Court
Lansing, Michigan
Megan K. Cavanagh,
Chief Justice
Brian K. Zahra
Richard H. Bernstein
Elizabeth M. Welch
Kyra H. Bolden
Kimberly A. Thomas
Noah P. Hood,
Justices
I, Elizabeth Kingston-Miller, 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 22, 2026
a0518
Order
Clerk
May 22, 2026
SC: 166989
COA: 364284
Wayne CC: 21-014679-NF
TIBURCIO PENA-CRUZ and JONATHAN
PENA-GARCIA,
Plaintiffs-Appellants,
v
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, MICHIGAN
AUTOMOBILE INSURANCE PLACEMENT
FACILITY, and JOHN DOE INSURANCE
COMPANY, Defendants-Appellees.
By order of March 26, 2025, the application for leave to appeal the March 14, 2024
judgment of the Court of Appeals was held in abeyance pending the decision in Swoope v
Citizens Ins Co of the Midwest (Docket No. 166790). On order of the Court, the case
having been decided on March 10, 2026, ___ Mich ___ (2026), the application is again
considered. Pursuant to MCR 7.305(I)(1), in lieu of granting leave to appeal, we VACATE
the judgment of the Court of Appeals and REMAND this case to that court for
reconsideration in light of Swoope.
HOOD, J., did not participate because he was on the Court of Appeals panel.

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