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OVIST v. DEP'T OF STATE HIGHWAYS & TRANSPORTATION

Docket No. 54883.

119 Mich. App. 245 (1982)

326 N.W.2d 468

OVIST v. DEPARTMENT OF STATE HIGHWAYS & TRANSPORTATION

Michigan Court of Appeals.

Decided September 7, 1982.

Attorney(s) appearing for the Case

Wisti & Jaaskelainen (by Michael E. Makinen), for plaintiffs.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Carl K. Carlsen and Clive D. Gemmill, Assistant Attorney General, for defendant.

Before: M.J. KELLY, P.J., and D.E. HOLBROOK, JR., and N.J. KAUFMAN, JJ.

D.E. HOLBROOK, JR., J.

Plaintiffs appeal as of right from the judgment of the Court of Claims finding that all claims against the defendant be dismissed based on the defense of governmental immunity.

In July, 1978, a cave-in occurred along a portion of US 41 in the City of Hancock. Herman Gundlach, Inc., was hired by the Department of State Highways to repair the road. Robert Ovist (plaintiff hereinafter), who was employed as a laborer with Herman Gundlach...

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