Opinion
Docket No. 147411. COA No. 302658.
2014-02-5
Prior report: Mich.App., 2013 WL 2420956.
Order
On order of the Court, the application for leave to appeal the June 4, 2013 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 that part of the judgment of the Court of Appeals affirming the Saginaw Circuit Court's judgment with respect to the negligent nuisance in fact claim, for the reasons stated in the Court of Appeals dissenting opinion, and we REMAND this case to the Saginaw Circuit Court for entry of an order granting the defendant's motion for directed verdict on that claim. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.