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MANN v. ST. CLAIR CTY. RD. COMM.

Docket No. 226443.

657 N.W.2d 517 (2002)

254 Mich. App. 86

Patrick MANN, Sr., and Gaye Mann, Individually and as Next Friend of Patrick Mann, Jr., Minor, Plaintiffs-Appellees, v. ST. CLAIR COUNTY ROAD COMMISSION, Defendant-Appellant.

Court of Appeals of Michigan.

Decided November 15, 2002, at 9:05 a.m.

Released for Publication February 20, 2003.

Attorney(s) appearing for the Case

Moss & Colella, P.C. (by David M. Moss) (Sommers, Schwartz, Silver & Schwartz, P.C., by Patrick Burkett, of counsel), Southfield, Southfield, for the plaintiffs.

Smith, Haughey, Rice & Roegge (by Jon D. Vander Ploeg) and Highland & Zanetti, P.C. (by R. Michael John), Grand Rapids, Southfield, for the defendant.

Before: HOOD, P.J., and MURPHY and MARKEY, JJ.

MURPHY, J.

Defendant St. Clair County Road Commission appeals by leave granted the trial court's order denying defendant's motion in limine to preclude application of the five percent damage reduction cap authorized by M.C.L. § 257.710e(6)1 in circumstances where the injured parties were allegedly not wearing safety belts at the time of the accident. We affirm.

Under the controlling...

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