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Bailey v. Schaaf

Supreme Court of Michigan

December 23, 2014

DEVON SCOTT BAILEY, Plaintiff-Appellee/Cross-Appellant,
v.
STEVEN GEROME SCHAAF, Defendant, and T.J. REALTY, INC., d/b/a HI-TECH PROTECTION, TIMOTHY JOHNSON, CAPTAIN WILLIAM BOYD BAKER, and CHRISTOPHER LEE CAMPBELL, Defendants-Appellees, and EVERGREEN REGENCY TOWNHOMES, LTD. and RADNEY MANAGEMENT & INVESTMENTS, Defendants-Appellants/Cross- Appellees

COA: 295801. Genesee CC: 07-087454-NO.

Robert P. Young, Jr., Chief Justice. Michael F. Cavanagh, Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Justices.

Page 693

Order

On order of the Court, the application for leave to appeal the February 20, 2014 judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are considered. Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals February 20, 2014 opinion setting forth a hypothetical scenario in which defendant Hi-Tech Protection and its employees were not in the business of providing security, because the panel's conclusion in that regard is contrary to law. See Upjohn Co v New Hampshire Ins Co, 438 Mich. 197, 214; 476 N.W.2d 392 (1991) (" The knowledge possessed by a corporation about a particular thing is the sum total of all the knowledge which its officers and agents, who are authorized and charged with the doing of the particular thing acquire, while acting under and within the scope of their authority." ) (emphasis added; internal quotations omitted). In all other respects, leave to appeal and leave to appeal as cross-appellant are DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.


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