Opinion
No. 103578.
May 10, 1996.
Leave to Appeal Denied May 10, 1996:
Court of Appeals No. 152385.
I would grant leave to appeal.
The circuit judge, having in effect concluded that there was not a genuine issue of material fact, granted summary disposition pursuant to MCR 2.116(C)(10). The Court of Appeals reversed stating that plaintiff failed "to allege any facts in her complaint against defendants to support the underlying claims, despite the uncertainty associated with the damages from the alleged negligence. Hence, summary disposition for defendants was properly granted, albeit for a reason other than the reasons cited by the trial court."
An insufficiency in the allegation of facts in a complaint might be raised by a motion for summary disposition pursuant to MCR 2.116(c)(8) (failure to state a claim on which relief can be granted) or by a motion for a more definite statement pursuant to MCR 2.115. When such a motion is granted, the plaintiff should be provided with an opportunity to amend the complaint as contemplated by Rule 2.115.
This case should be remanded to the Court of Appeals for decision on defendant's (C)(10) motion.