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TRANS DEP'T v. THRASHER

Docket No. 130666.

196 Mich. App. 320 (1992)

493 N.W.2d 457

DEPARTMENT OF TRANSPORTATION v. HRASHER

Michigan Court of Appeals.

Decided October 19, 1992, at 9:20 A.M.

Attorney(s) appearing for the Case

Dilley, Dewey & Damon, P.C. (by Jonathan S. Damon), for Department of Transportation.

Read & Sharp (by John W. Sharp), for defendants Thrasher and Bergdoll.

Robert L. Hoffman, for defendants Johnston.

Before: DOCTOROFF, C.J., and MICHAEL J. KELLY and R.B. BURNS, JJ.

MICHAEL J. KELLY, J.

Plaintiff, the Michigan Department of Transportation (MDOT), appeals as of right from an Antrim Circuit Court order of June 22, 1990, granting defendants' motion for summary disposition pursuant to MCR 2.116(C)(7) and (8), and dismissing plaintiff's action for a declaratory judgment. This case raises an issue of first impression regarding the proper interpretation of § 6304 of the tort reform statute, MCL 600.6301 et seq.; MSA 27A...

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