Opinion
No. 122532.
April 9, 2003.
COA: 231031, Wayne CC: 97-711603-NO
On order of the Court, the application for leave to appeal from the August 2, 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 judgments of the Court of Appeals and the Wayne Circuit Court, and we REMAND this case to the Wayne Circuit Court for further proceedings consistent with this order. A merchant has no obligation to anticipate the criminal acts of third parties. MacDonald v PKT, Inc, 464 Mich. 322 (2001). Inasmuch as defendant reasonably expedited the involvement of police and police arrived at the scene two to three minutes after the incident, defendant fulfilled its obligation under MacDonald.
Cavanagh and Kelly, JJ., would deny leave to appeal.