|
Nos. 124163, 124164
| Dona Regan and Brian Regan, |
|
Thoms H. Blaske |
Plaintiffs-Appellees, |
|
|
| vs (Washtenaw - Connors, T.) |
|
|
Washtenaw County Board of County |
|
Jon D. Vander Ploeg |
Road Commisioners, |
|
|
Defendant-Appellant, |
|
|
| and |
|
|
| David Cavanaugh, |
|
|
Defendant. |
|
|
| ------------------------------------------------------------- |
|
|
| Leonard Zelanko, |
|
David F. Greco |
Plaintiff-Appellee, |
|
|
| vs (Washtenaw - Connors, T.) |
|
|
| Washtenaw County Board of County |
|
|
| Road Commissioners, |
|
|
Defendant-Appellant, |
|
|
| and |
|
|
| Richard Lee Shehan, |
|
|
Defendant. |
|
|
|
|
|
Oral Argument on Application
Click to view briefs in Adobe format:
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Supplemental Brief>>
Plaintiffs-Appellees Dona Regan and Brian Regan's Supplemental Brief>>
Plaintiff-Appellee Leonard Zelanko's Response to Application for Leave to Appeal >>
Background
These consolidated cases were brought by plaintiffs who claimed injuries from dust (Regan) or an object (Zelanko) thrown up by equipment attached to tractors being operated by Washtenaw County Road Commission employees. The road commission moved for summary disposition, arguing that it was immune from suit. The plaintiffs sought to avoid the bar of governmental immunity, using the motor vehicle exception in MCL 691.1405, which states that governmental agencies are liable for bodily injury and property damage resulting from an employee's negligent operation of "a motor vehicle. . . ." The trial court denied the road commission's motions for summary disposition, and the Court of Appeals issued a pair of published decisions affirming those rulings. The road commission appeals. It argues that the tractors were not "motor vehicles" and were not being operated as "motor vehicles." They were being used for road maintenance and not for transportation, the road commission contends.
Top of Page
|
