Opinion
SC: 149311
12-23-2014
DEVON SCOTT BAILEY, Plaintiff-Appellee/Cross-Appellant, v. STEVEN GEROME SCHAAF, Defendant, and T.J. REALTY, INC., d/b/a HI-TECH PROTECTION, TIMOTHY JOHNSON, CAPTAIN WILLIAM BOYD BAKER, and CHRISTOPHER LEE CAMPBELL, Defendants-Appellees, and EVERGREEN REGENCY TOWNHOMES, LTD. and RADNEY MANAGEMENT & INVESTMENTS, Defendants-Appellants/Cross-Appellees.
Order
149311 & (118) Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, Justices COA: 295801
Genesee CC: 07-087454-NO
On order of the Court, the application for leave to appeal the February 20, 2014 judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are considered. Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals February 20, 2014 opinion setting forth a hypothetical scenario in which defendant Hi-Tech Protection and its employees were not in the business of providing security, because the panel's conclusion in that regard is contrary to law. See Upjohn Co v New Hampshire Ins Co, 438 Mich 197, 214 (1991) ("The knowledge possessed by a corporation about a particular thing is the sum total of all the knowledge which its officers and agents, who are authorized and charged with the doing of the particular thing acquire, while acting under and within the scope of their authority.") (emphasis added; internal quotations omitted). In all other respects, leave to appeal and leave to appeal as cross-appellant are DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
I, Larry S. Royster, 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.
December 23, 2014
/s/_________
Clerk