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NEWTON v. MICHIGAN STATE POLICE

Docket No. 247482.

688 N.W.2d 94 (2004)

263 Mich. App. 251

Donna NEWTON, Personal Representative of the Estate of John Newton, Deceased, Plaintiff-Appellee, v. MICHIGAN STATE POLICE, Defendant-Appellant, and John Anthony Janicki, Defendant.

Court of Appeals of Michigan.

Decided August 10, 2004, at 9:05 a.m.

Released for Publication October 13, 2004.

Attorney(s) appearing for the Case

Garrett & Stevenson, P.C. (by Jon R. Garrett), Detroit, for the plaintiff.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and James T. Farrell, Assistant Attorney General, for the Department of State Police.

Before: OWENS, P.J., and KELLY and R.S. GRIBBS, JJ.

OWENS, P.J.

Defendant Michigan Department of State Police appeals as of right from an order denying its motion for summary disposition.1 We affirm.

I. Factual and procedural background

On September 16, 2000, Michigan State Police Trooper John Janicki was responding to a reported breaking and entering in progress when he collided with a vehicle driven by the decedent, John Newton. According to the factual allegations contained...

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