Opinion
No. 114332.
February 15, 2000.
On order of the Court, the application for leave to appeal from the February 23, 1999, 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 the order of the circuit court granting defendant's motion for summary disposition. Where defendant's conduct here, attempting to drive away from the scene of a police stop, was not the conduct resulting in the officer's presence at the scene of the injury, the fireman's rule does not bar recovery. Harris-Fields v Syze, 461 Mich. 188 (1999).
Reported below: (On Rehearing) 234 Mich. App. 218.
I concur in the reversal of the judgment of the Court of Appeals and the order of the circuit court granting defendant's motion for summary disposition for the reasons stated in my separate opinion in Harris-Fields v Syze, 461 Mich. 188 (1999).