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STANTON v. CITY OF BATTLE CREEK

Docket No. 115909, Calendar No. 3.

647 N.W.2d 508 (2002)

466 Mich. 611

Michael STANTON and Joy Stanton, Plaintiffs-Appellants, v. CITY OF BATTLE CREEK, and Allen Maynard Howard, Defendants-Appellees.

Supreme Court of Michigan.

Decided July 17, 2002.

Attorney(s) appearing for the Case

Harold Schuitmaker, Paw Paw, MI, for the plaintiffs-appellants.

Clyde J. Robinson, Battle Creek, MI, for the defendants-appellees.

Miller, Canfield, Paddock & Stone, P.L.C. (Ronald E. Baylor and Brad H. Sysol), Kalamazoo, MI, for the Michigan Municipal League Defense Fund.

CAVANAGH, Justice.

This case calls into question whether a forklift is a "motor vehicle" within the ambit of the motor vehicle exception to governmental immunity, M.C.L. § 691.1405. We hold that it is not, and, therefore, we affirm the decision of the Court of Appeals, which affirmed the trial court's order granting summary disposition in favor of defendants.

I. Facts And Proceedings

On April 28, 1995, plaintiff Michael Stanton

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