Order Michigan Supreme Court
Lansing, Michigan
December 23, 2014 Robert P. Young, Jr.,
Chief Justice
149311 & (118) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
DEVON SCOTT BAILEY, David F. Viviano,
Justices
Plaintiff-Appellee/Cross-Appellant,
v SC: 149311
COA: 295801
STEVEN GEROME SCHAAF, Genesee CC: 07-087454-NO
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.
_________________________________________/
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
(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.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 23, 2014
s1217
Clerk