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McINTOSH v. DEPT. OF TRANSP.

Docket No. 203017.

594 N.W.2d 103 (1999)

234 Mich. App. 379

Jane F. McINTOSH, John McIntosh and Betty A. Guzik, as Personal Representative of the Estate of Albert J. Guzik, Plaintiffs-Appellants, v. State of Michigan, DEPARTMENT OF TRANSPORTATION (MDOT), Defendant-Appellee.

Court of Appeals of Michigan.

Decided March 5, 1999, at 9:20 a.m.

Released for Publication June 10, 1999.

Attorney(s) appearing for the Case

Sachs, Waldman, O'Hare, Helveston, Bogas & McIntosh, P.C. (by Gregory M. Janks and Elizabeth A. Cabot), Detroit, for the plaintiffs.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Harold J. Martin, Assistant Attorney General, for the defendant.

Before: MICHAEL J. KELLY, P.J., and HOOD and MARKEY, JJ.

MICHAEL J. KELLY, P.J.

Plaintiffs appeal as of right from the trial court's order granting defendant's motion for summary disposition pursuant to MCR 2.116(C)(8). We reverse and remand.

The essential facts of this case are undisputed. On November 23, 1993, Jane F. McIntosh was driving her 1988 Buick and Albert J. Guzik was driving his 1991 Ford pickup truck on westbound I-96 near Old Plank Road in Lyon Township. William Jones was driving his 1985 Camaro on...

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