Ewing v. City of Detroit

685 N.W.2d 647 (2003)

468 Mich. 886

EWING

v.

CITY OF DETROIT.

Docket No. 122405.

Supreme Court of Michigan.

October 3, 2003.

Reconsideration Denied October 3, 2003.

MICHAEL F. CAVANAGH and MARILYN J. KELLY, JJ. We would grant reconsideration and, on reconsideration, would grant leave to appeal.

MARKMAN, J. (concurring).

I agree with the majority that plaintiffs motion for reconsideration must be denied on the basis of Robinson v. Detroit, 462 Mich. 439, 613 N.W.2d 307 (2000), and that the "law of the case" doctrine cannot be allowed to defeat the retroactivity of this decision. However, I write…