Opinion
No. 112596.
February 15, 2000.
On order of the Court, the application for leave to appeal from the June 23, 1998 decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to apply, we REMAND this case to the Court of Appeals for reconsideration in light ofHarris-Fields v Syze, 461 Mich. 188 (1999). The Court of Appeals decision should include consideration of the significance of the facts that the conduct of the defendant occurred before the events that brought the officer to the place where the injury occurred, and that the alleged liability of the defendant is based on the Dramshop Act rather than common law negligence principles. Further briefing, and oral argument, if any, shall be as directed by the Court of Appeals.
Reported below: (On Remand) 230 Mich. App. 413.