Opinion
SC 167169 COA 364360
10-30-2024
CANDIE LEE FARRAR, Personal Representative of the ESTATE OF NICOLE RAE KENWORTHY, Plaintiff-Appellant, v. JODY MISCH, Defendant-Appellee.
Muskegon CC: 2021-004152-NO
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 April 25, 2024 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE in part the judgment of the Court of Appeals. The Court of Appeals failed to consider whether plaintiff's ordinary negligence claim was a "separate claim grounded on an independent theory of liability based on the defendant's conduct." See Laier v Kitchen, 266 Mich.App. 482, 493 (2005); see also Kachudas v Invaders Self Auto Wash, Inc, 486 Mich. 913 (2010). We REMAND this case to the Court of Appeals to consider whether plaintiff's negligence claim based on failure to rescue was separate and distinct from the pleaded premises liability claim. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
ZAHRA and VIVIANO, JJ., would deny leave to appeal.