(dissenting). We dissent from the majority’s decision in this matter. Leave to appeal was not granted in this case. Rather, oral argument on plaintiffs application for leave to appeal in this Court was heard in order to determine whether we should grant leave to appeal, deny leave to appeal, or take other peremptory action. Having reviewed the limited briefing and having heard limited oral argument, we would grant leave to appeal because we believe that the Court would benefit from plenary review of the issues before rendering a decision.
Weaver, J., concurred with Hathaway, J.