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ROBINSON v. CITY OF DETROIT

Docket No. 176421.

571 N.W.2d 34 (1997)

225 Mich. App. 14

In the Matter of the Estate of Courtney Henderson, deceased. Debra ROBINSON, Personal Representative of the Estate of Courtney Henderson, deceased, Plaintiff-Appellant/Cross-Appellee, v. CITY OF DETROIT, Craig Kailimai, and Michael Cily, Defendants/Third-Party Appellees, Cross-Appellants, and Howard Linden, Personal Representative of the Estate of Marcelle Blakeney, deceased, Third-Party Defendant-Appellee.

Court of Appeals of Michigan.

Decided August 1, 1997, at 9:05 a.m.

Released for Publication November 6, 1997.

Attorney(s) appearing for the Case

Pearlman and Pianin by Michael Pianin and Sheryl R. Lederman, Southfield, for Plaintiff-Appellant/Cross-Appellee.

Plunkett & Cooney, P.C. by Mary Massaron Ross and Laurel F. McGiffert, Detroit, for Defendants/Third-Party Appellees, Cross-Appellants.

Before WAHLS, P.J., and HOOD, JANSEN, NEFF, SAAD, HOEKSTRA and MARKEY, JJ.

SAAD, Judge.

I

Nature of the Case

This case raises the difficult question whether a voluntary passenger in a vehicle fleeing from the police may sue the police for injuries sustained in an accident during the chase. Whether such a suit may proceed depends upon whether the police owe a legal duty to the passenger in a fleeing vehicle. In related "police chase" cases, our courts have held that there is no duty owed to a fleeing suspect on the public...

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