Opinion
No. 122163 (130).
April 1, 2003.
COA: 196747, Wayne CC: 94-407474-NO
On order of the Court, the delayed application for leave to appeal from the March 5, 2002 decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REMAND this case to the Wayne Circuit Court for a new trial. The plaintiff presented sufficient evidence to submit her claims of perceived disability discrimination to the jury under Michalski v Bar-Levav, 463 Mich. 723 (2001). However, the instructions to the jury were not consistent with the perceived disability principles announced in that decision. The motion for leave to file a brief as amicus curiae is DENIED as moot.