I concur in the majority’s analysis and. with its reversal of the decision of the Court of Appeals. I write separately to indicate my dissatisfaction with the majority’s directions to the lower court to enter judgment in favor of the plaintiff pursuant to MCR 2.116(I)(2). I recognize that the Court acts. within its power in doing so. MCR 7.316(A)(7). However, facts that this Court could not anticipate may unfold upon further development of the lower court record or, unknown to this Court, may have already been developed. If the state of the record is such that judgment should be entered for the plaintiff, the directive to remand the case to the lower court for further proceedings consistent with this Court’s opinion will authorize the trial court to enter judgment. Because, the trial court is in the best position to make the determination, I would take that course.
Levin and Cavanagh, JJ., concurred with Boyle, J.