If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN COURT OF APPEALS

MARIO PICCIONE, as next friend of GAVINO R. FOR PUBLICATION PICCIONE, a minor, January 17, 2019 Plaintiff-Appellant, v No. 342826 Kent Circuit Court LYLE A. GILLETTE and PLUMBER’S LC No. 17-002385-NI PORTABLE TOILET SERVICE, Defendants-Appellees.

Before: MARKEY, P.J., and M. J. KELLY and SWARTZLE, JJ.

MARKEY, P.J. and SWARTZLE, J. (concurring).

We concur in the per curiam opinion. This case is factually analogous to Neci v Steel, 488 Mich 971; 790 NW2d 828 (2010). For reasons similar to those set out by Justice Young in his concurring opinion in Neci, we conclude that binding precedent compels reversal and remand in this case.

/s/ Jane E. Markey /s/ Brock A. Swartzle