Novotney v. Burger King Corp.

ON REMAND

Before: Sawyer, P.J., and Michael J. Kelly and Murphy, JJ. Sawyer, P.J.

This matter is before us for decision a third time, now on remand by the Supreme Court. Plaintiffs initially appealed from an order of the circuit court granting summary disposition in favor of defendants under MCR 2.116(0(10) (no genuine issue of material fact). We affirmed in an unpublished opinion per curiam, decided October 3, 1990 (Docket No. 116731), by a two-to-one decision. Thereafter, plaintiffs moved for rehearing, and this Court granted rehearing in a two-to-one decision. On rehearing, this Court…