SMITH v. SWARTHOUT

Docket No. 134074.

195 Mich. App. 486 (1992)

491 N.W.2d 590

SMITH v. SWARTHOUT

Michigan Court of Appeals.

Approved for publication August 13, 1992, at 9:20 A.M.


Attorney(s) appearing for the Case

Grace Dopp Wegner, for the plaintiff.

Bensinger, Cotant, Menkes & Aardema, P.C. (by Kerr L. Moyer), for the defendant.

Before: HOOD, P.J., and SHEPHERD and K.N. SANBORN, JJ.


PER CURIAM.

Plaintiff appeals as of right the trial court's grant of defendant's motion for summary disposition and dismissal of his personal injury action on the ground of intramilitary immunity. We vacate and remand.

On August 25, 1985, plaintiff was a member of the Ohio National Guard and defendant was a member of the Michigan National Guard. Both were participating in annual training exercises at Camp Grayling, Michigan. Plaintiff had just returned to...

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