Summary
finding no genuine issue of material fact "as to whether the defendants took reasonable measures to respond" even though plaintiff disputed "when a fight started and how long it had been going on before the defendants' employees contacted the police"
Summary of this case from Sroka v. Wal-Mart Stores E., LPOpinion
No. 133575.
September 21, 2007.
SC: 133575, COA: 272966, Oakland CC: 2005-066668-NO
Actions on Applications for Leave to Appeal from the Court of Appeals.
Summary Dispositions September 21, 2007:
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and we reinstate the order of the Oakland Circuit Court granting summary disposition to the defendants. The Court of Appeals erred in concluding that any questions about when a fight started and how long it had been going on before the defendants' employees contacted the police created a genuine issue of material fact as to whether the defendants took reasonable measures to respond to that fight. MacDonald v PKT, Inc, 464 Mich 322, 336 (2001).
I would deny leave to appeal.