Opinion
Nos. 138456 and 138457.
September 14, 2010.
Reported at 487 Mich. 102.
Rehearing Denied.
In this case motions for rehearing are considered and they are denied, there being no majority in favor of granting rehearing or other relief. KELLY, C.J., and CAVANAGH and HATHAWAY, JJ., would deny rehearing. CORRIGAN, YOUNG, and MARKMAN, JJ., would grant rehearing.
I would grant defendants' motions for rehearing, and on rehearing, I would vacate this Court's July 30, 2010, decision and affirm the Court of Appeals for the reasons set forth in my partial dissent in Smith v. Anonymous Joint Enterprise, 487 Mich. 102, 131 (2010).
YOUNG and MARKMAN, JJ., joined the statement of CORRIGAN, J.
DAVIS, J., not participating. I recuse myself and am not participating because I had prior personal knowledge of the facts in this case. See MCR 2.003(B).