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COLUCCI v. McMILLIN

Docket No. 236848.

662 N.W.2d 87 (2003)

256 Mich. App. 88

John N. COLUCCI and Laura M. Colucci, a/k/a Laura M. Gould, Co-Personal Representatives of the Estate of Lloyd Clinton Cash, III, Deceased, Plaintiffs-Appellees, v. Michael Bradley McMILLIN, Individually and as Personal Representative of the Estate of Michael Brian McMillin, Deceased, Defendants/Cross-Plaintiffs-Appellees, and Jackson County Road Commission, Defendant/Cross-Defendant-Appellant, and Charles Walz, Nels Peter Swanson, and Aggregate Industries, a/k/a Bill Smith Sand & Gravel, Inc., Defendants/Cross-Defendants.

Court of Appeals of Michigan.

Decided April 1, 2003, at 9:05 a.m.

Released for Publication May 29, 2003.

Attorney(s) appearing for the Case

Worsham, Victor & Ahmad, P.C. (by Richard B. Worsham), Southfield, for the plaintiffs.

Smith, Haughey, Rice & Roegge (by Jon D. Vander Ploeg and William L. Henn), Grand Rapids, for the Jackson County Road Commission and Charles Walz.

Williams, Williams, Ruby & Plunkett, P.C. (by John W. Griffen, Jr., and Wayne Walker), Birmingham, for Michael Bradley McMillin, individually, and as personal representative of the estate of Michael Brian McMillin, deceased.

Before: SAAD, P.J., and ZAHRA and SCHUETTE, JJ.

ZAHRA, J.

Defendant/cross-defendant Jackson County Road Commission appeals by leave granted an order denying its motion for a change of venue. We reverse and remand for further proceedings consistent with this opinion.

I. Facts and Procedure

This lawsuit arises from a tragic accident involving an all-terrain vehicle in which the driver, Michael Brian McMillin, and the sole passenger, Lloyd Clinton Cash III, were killed. The accident occurred in Jackson...

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