Opinion
No. 127240.
November 3, 2005.
SC: 127240, COA: 246165, Wayne CC: 01-115388-NO.
On October 19, 2005, the Court heard oral argument on the application for leave to appeal the September 7, 2004 judgment of the Court of Appeals. On order of the Court, the application for leave to appeal is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment that reverses the Wayne Circuit Court's grant of defendant's motion for summary disposition on plaintiff's Federal Employers' Liability Act claim, for the reasons stated by dissenting Court of Appeals Judge Zahra. We REINSTATE the order of the Wayne Circuit Court granting defendant's motion for summary disposition.
CAVANAGH and KELLY, JJ., would deny leave to appeal.