Bendix Safety Restraints Group, Allied Signal, Inc v. City of Troy

544 N.W.2d 481, 215 Mich. App. 289

Opinions

Per Curiam.

Pursuant to Administrative Order No. 1994-4, this special panel was convened to resolve the conflict between the prior, vacated opinion in this case, Bendix Safety Restraints Group, Allied Signal, Inc v City of Troy, 211 Mich App 801; 537 NW2d 459 (1995), and Marposs Corp v City of Troy, 204 Mich App 156; 514 NW2d 202 (1994). In accordance with Administrative Order No. 1994-4, the prior Bendix panel was required to follow the precedent of Marposs Corp, supra. Were it not for Administrative Order No. 1994-4, the previous panel would have reversed the decision of the lower court.

Following an en banc order¹ invoking the conflict resolution procedure of Administrative Order No. 1994-4, this case was reheard by this special panel. After due consideration, we resolve the conflict in favor of the prior Bendix opinion. We are persuaded by the prior Bendix opinion and hereby adopt its reasoning and analysis. Marposs Corp v City of Troy, supra, is overruled.

Reversed and remanded for entry of judgment for defendant, City of Troy.

Footnotes

1

Bendix Safety Restraints Group, Allied Signal, Inc v City of Troy, 211 Mich App 801; 537 NW2d 466 (1995).