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MANN v. ST. CLAIR COUNTY ROAD COM'N

Docket No. 122845, Calendar No. 8.

681 N.W.2d 653 (2004)

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

Supreme Court of Michigan.

Decided June 30, 2004.

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, MI, for the plaintiffs.

Smith Haughey Rice & Roegge (by Jon D. Vander Ploeg and William L. Henn), Grand Rapids, MI, for the defendant.

WEAVER, J.

The sole issue before the Court is whether the safety belt use statute's cap on the reduction of damages, M.C.L. § 257.710e(6), applies when suit is brought against a county road commission under the highway exception to governmental immunity. M.C.L. § 257.710e(6) provides that a plaintiff's damages arising out of the ownership, maintenance, or operation of a motor vehicle can be reduced by no more than five percent because of a plaintiff's failure...

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