Opinion
Docket No. 142515. COA No. 294311.
2012-12-14
Mark SMITH, Plaintiff–Appellee, v. SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION, Defendant–Appellant.
Prior report: Mich.App., 2010 WL 5129828.
Order
On order of the Court, the application for leave to appeal the December 16, 2010 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals, for the reasons stated in the Court of Appeals dissenting opinion, and we REINSTATE the September 9, 2009 order of the Wayne Circuit Court. See Atkins v. SMART, 492 Mich. 707, 822 N.W.2d 522 (2012). MARILYN J. KELLY, J., would deny leave to appeal for the reasons set forth in her dissenting opinion in Atkins v. SMART, 492 Mich. 707, 723, 822 N.W.2d 522 (2012).