THORNTON v. FARMER JACK/BORMAN’S, INC., 463 Mich. 939 (2000)

620 N.W.2d 858

EVELYN R. THORNTON, Plaintiff-Appellee, v. FARMER JACK/BORMAN’S, INC./A P, and a Self-Insured, Defendant-Appellant.

No. 115537 (45)(47).Supreme Court of Michigan.
December 27, 2000.

COA: 208469, WCAC: 94-0257.

By order of June 26, 2000, the application for leave to appeal from the September 7, 1999 decision of the Court of Appeals was held in abeyance pending the decision in Mudel v Great Atlantic Pacific Tea Co (Docket No. 111702).

On order of the Court, the decision having been issued on July 25, 2000, 462 Mich. 691 (2000), the application for leave to appeal is again considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for reconsideration in light of Mudel. On reconsideration, the Court of Appeals is to consider plaintiff’s arguments in her motion to dismiss. The motions for peremptory reversal and to dismiss are also considered, and they are DENIED.

Cavanagh and Kelly, JJ., would deny leave to appeal.

Page 940

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