Opinion
No. 114937.
March 21, 2000.
Summary Dispositions March 21, 2000:
On order of the Court, the delayed application for leave to appeal from the March 11, 1999 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1).
In lieu of granting leave to appeal, the order of the Wayne Circuit Court entered December 29, 1997, which directed granting summary disposition in favor of defendant, is reversed, and the case is remanded to the 36th District Court for further proceedings. MCR 7.302 (F)(1). There is a question of fact for the factfinder regarding whether defendant should have known of the existence of the defect in the exercise of reasonable diligence, MCL 691.1403; MSA 3.996 (103). Court of Appeals No. 215626.