Opinion
No. 113426.
February 15, 2000.
On order of the Court, the application for leave to appeal from the October 12, 1998 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the July 15, 1998 order of the circuit court denying defendants' motion for partial summary disposition. Where the alleged negligence of the defendant, whether ordinary negligence or gross negligence, was unrelated to the events that brought the officer to the location where the injury occurred, the fireman's rule does not bar recovery. Harris-Fields v Syze, 461 Mich. 188 (1999).
Court of Appeals No. 213360.
I concur in the reversal of the judgment of the Court of Appeals and the reinstatement of the July 15, 1998 order of the circuit court denying defendants' motion for partial summary disposition for the reasons stated in my separate opinion in Harris-Fields v Syze, 461 Mich. 188 (1999).
Young, Jr., J., not participating.