Opinion
SC 165029 COA: 357934
04-21-2023
NEKEYIA WILLIAMS, Plaintiff-Appellant, v. CHRISTINE ANTOINETTE KELLY and CITY OF DETROIT, Defendants-Appellees, and MICHIGAN ASSIGNED CLAIMS PLAN, a/k/a MICHIGAN AUTOMOBILE INSURANCE PLACEMENT FACILITY, and JOHN DOE INSURER, Defendants.
Wayne CC: 20-001601-NI
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
On order of the Court, the application for leave to appeal the October 13, 2022 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 Part II.A. of the Court of Appeals opinion. Although the Court of Appeals correctly held that the Wayne Circuit Court erred by applying the gross negligence standard, we REMAND this case to the Wayne Circuit Court to determine whether the plaintiff should be permitted to amend her complaint to more clearly plead that defendant City of Detroit is exempt from governmental immunity under the motor-vehicle exception, MCL 691.1405, or any other exception. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.