Scott v. City of Detroit

*243On Rehearing

Before: N. J. Kaufman, P.J., and M. J. Kelly and Cynar, JJ. N. J. Kaufman, P.J.

We granted defendant Employers Liability Insurance Company of Wisconsin’s (Employers) application for rehearing to consider whether our original opinion1 incorrectly concluded that the trial court erred in granting defendant Employers’ motion for summary judgment.

Employers’ motion, although misnamed, was granted under OCR 1963, 117.2(3), the trial court determining that there was no genuine issue of material fact and that Employers was entitled to judgment as a matter of law. Plaintiffs claim against…