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

JACOB MARION, by Guardian and Next Friend, FOR PUBLICATION MONICA MARION, March 10, 2022 Plaintiff-Appellant, v No. 352355 Wayne Circuit Court GRAND TRUNK WESTERN RAILROAD LC No. 18-005516-NO COMPANY, STEVEN GOLOMBESKI, and JESSIE WILSON, Defendants-Appellees.

Before: GLEICHER, P.J., and CAVANAGH and LETICA, JJ.

LETICA, J. (concurring).

The trial court misconstrued critical facts and common-law legal principles before it concluded that there were no genuine issues of material fact. For this reason, I concur in the majority’s disposition.1

/s/ Anica Letica

Plaintiff does not challenge the trial court’s order to the extent it granted defendants’ summary disposition regarding allegations pertaining to the train’s excessive speed, the railroad’s duty to fence, or attractive nuisance.

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