Opinion
357037
08-17-2021
Antoinette Irby v. Demitrius Givens
LC No. 20-010918-NO
Kirsten Frank Kelly Presiding Judge, Thomas C. Cameron, Anica Letica Judges
ORDER
Pursuant to MCR 7.205(E)(2), the trial court's April 12, 2021 order is VACATED IN PART, and the matter REMANDED for reconsideration. At the time the trial court considered whether defendant the City of Detroit could be vicariously liable, the identity of the individual alleged to have acted negligently was unknown, and was mistakenly believed to be a police officer. The individual has since been identified, and it is known that he was not a police officer. We thus direct the trial court to reconsider whether the City of Detroit is entitled to governmental immunity with regard to the vicarious-liability count of the complaint. If necessary, the court may direct that additional discovery be taken relevant to the issue. In all other respects, leave to appeal is DENIED for failure to persuade the Court of the need for immediate appellate review.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.