Opinion
No. 128709.
December 28, 2005.
SC: 128709, COA: 249246, Grand Traverse CC: 01-021950-NZ.
On order of the Court, the application for leave to appeal the February 22, 2005 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of Appeals and REINSTATE the Grand Traverse Circuit Court's directed verdict in favor of defendant, dismissing plaintiff's innocent misrepresentation claim. Contrary to the reasoning of the Court of Appeals, plaintiff did not incur any damages in reliance on defendant's alleged misrepresentations. Further, plaintiff's costs to perform additional remediation did not inure to defendant's benefit. See United States Fidelity and Guaranty Company v. Black, 412 Mich 99 (1981).
In all other respects, the application for leave to appeal is DENIED.