Docket No. 71348.

157 Mich. App. 1 (1987)

403 N.W.2d 485


Michigan Court of Appeals.

Decided January 5, 1987.

Attorney(s) appearing for the Case

Philip J. Olson II, for plaintiffs.

Nill, Kirby, Rockwell & Swann, P.C. (by Robert H. Shannon), for Deputy Max Warden, Deputy Sergeant Dan Spaniola, and Sheriff John P. O'Brien.

Wilson, Portnoy, Leader, Pidgeon & Roth, P.C. (by Robert P. Roth), for Officer Rick Clolinger, Officer Robert R. Adams, Police Chief Ray Adams, and the City of Swartz Creek.

Before: ALLEN, P.J., and MacKENZIE and J.P. SWALLOW, JJ.


Plaintiff Edward Hoffman, a mentally ill person, and his conservator, plaintiff Fred Hoffman, seek damages from defendants for injuries suffered by Edward when he was struck by a freight train. Plaintiffs in their original and second amended complaint advance several theories of liability all of which are based upon an alleged failure of defendant officers or their employers to properly protect Edward...

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