Opinion
No. 123171.
October 24, 2003.
Summary Disposition.
No. 123171. On order of the Court, the parties having presented oral argument on the application for leave to appeal, the application is further considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, the November 15, 2002, judgment of the Court of Appeals is reversed and the summary disposition entered by the Macomb Circuit Court is reinstated. Having found that defendant's negligence cannot be determined on the record, the Court of Appeals clearly erred when it reversed the Macomb Circuit Court's decision to grant defendant's motion for summary disposition pursuant to MCR 2.116(C)(10). Maiden v. Rozwood, 461 Mich 109, 120-121 (1999). Court of Appeals No. 235699.