Summary
affirming this Court's decision for the reasons stated in Judge O'CONNELL's concurring opinion, which, in holding that the plaintiff failed to make the requisite showing of substantial proximate cause, considered all factors that played a role in causing the event and damage, including fault that could be attributed to the plaintiff
Summary of this case from Kuhn v. City of GibraltarOpinion
Docket No. 150819. COA No. 310352.
2015-11-4
Lawrence FINGERLE, Plaintiff–Appellant, v. CITY OF ANN ARBOR, Defendant–Appellee, and American Fire and Casualty Company, Defendant.
Order
On order of the Court, the application for leave to appeal the December 2, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the majority opinion and AFFIRM the judgment of the Court of Appeals for the reasons stated in the concurring opinion, to wit, that the plaintiff cannot make the requisite showing of “substantial proximate cause.” MCL 691.1416(1).