Opinion
No. 118891.
December 18, 2001.
In lieu of granting leave to appeal, the decision of the Court of Appeals is vacated, and the case is remanded to the Muskegon Circuit Court for resolution of defendants' motion for summary disposition as it pertains to the second count of plaintiff's complaint, that exposure to environmental tobacco smoke constituted a violation of the Eight Amendment to the United States Constitution. MCR 7.302(F)(1). Heiling v. McKinney, 509 U.S. 25 (1993). Plaintiff remains free to move to amend his complaint pursuant to MCR 2.118(A). Jurisdiction is not retained. Court of Appeals No. 226972.
Corrigan, C.J. I would direct a response from defendant in lieu of the order remanding to the trial court for further proceedings.