IOVINO v. STATE, DOT

Docket Nos. 197410, 197418.

577 N.W.2d 193 (1998)

Henry IOVINO, as Personal Representative of the Estate of Jean Marie Iovino, Deceased, Plaintiff-Appellant, v. STATE of Michigan, DEPARTMENT OF TRANSPORTATION, Defendant-Appellee. Henry IOVINO, as Personal Representative of the Estate of Jean Marie Iovino, Deceased, Plaintiff-Appellant, v. BOARD OF COUNTY ROAD COMMISSIONERS FOR OAKLAND COUNTY, Defendant-Appellee, and Grand Trunk Western Railroad Company, Defendant.

Court of Appeals of Michigan.

Decided February 17, 1998, at 9:00 a.m.

Released for Publication May 5, 1998.


Attorney(s) appearing for the Case

Philo, Atkinson, White, Stephen, Wright & Whitaker by Harry M. Philo and Stanley L. White, Detroit and Guarnieri & Martinez, P.A. by James W. Guarnieri, Brandon, FL, for Plaintiff-Appellant.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Mark V. Schoen, Assistant Attorney General, for Michigan Department of Transportation.

Beier Howlett by Gerald G. White and Robert G. Waddell, Bloomfield Hills, for Oakland County Board of County Road Commissioners.

Before MICHAEL J. KELLY, P.J., and REILLY and JANSEN, JJ.


MICHAEL J. KELLY, Presiding Judge.

In Docket No. 197410, a wrongful death action, plaintiff, decedent Jean Marie Iovino's husband and personal representative of her estate, appeals as of right the order of the Court of Claims1 granting summary disposition in favor of the State of Michigan, Department of Transportation (hereafter MDOT) based on governmental immunity, pursuant to MCR 2.116(C)(7). In Docket No. 197418, also an action for...

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