(dissenting). I dissent.
I believe the first opinion released by this Court on April 20, 1992, was correct. The facts of this case — shooting on a summer’s evening in the dark at the victim’s vehicle parked outside the victim’s home — reveal acts that are so nearly certain to produce injury that expectation to injure should be inferred as a matter of law. See Frankenmuth Mutual Ins Co v Piccard, 440 Mich 539; 489 NW2d 422 (1992).