Opinion
SC: 165080 COA: 356416
03-06-2023
Heather MALONE, Plaintiff-Appellant, v. Conor Thompson MCRELL and Zhetman Brighton, LC, Defendants-Appellees, and Farmers Insurance Exchange, Defendant.
Order
On order of the Court, the application for leave to appeal the September 22, 2022 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the judgment of the Court of Appeals affirming summary disposition for defendant Zhetman Brighton, LC, and REMAND this case to the Court of Appeals for consideration of whether the 1995 amendment of MCL 600.2925d(a) abrogated the common-law rule that "a valid release of an agent for tortious conduct operates to bar recovery against the principal on a theory of vicarious liability, even though the release specifically reserves claims against the principal." Theophelis v Lansing Gen Hosp , 430 Mich. 473, 480, 424 N.W.2d 478 (1988) (opinion by Griffin, J.).
We do not retain jurisdiction.