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VANVOROUS v. BURMEISTER

Docket No. 248450.

687 N.W.2d 132 (2004)

262 Mich. App. 467

Darlene VANVOROUS, Personal Representative of the Estate of John VanVorous, Deceased, Plaintiff-Appellant, v. Eric BURMEISTER, Paul Anderson, and Daniel Bartell, Defendants-Appellees.

Court of Appeals of Michigan.

Decided June 15, 2004, at 9:25 a.m.

Released for Publication September 1, 2004.

Attorney(s) appearing for the Case

Petrucelli & Petrucelli, P.C. (by Vincent R. Petrucelli and Jonny L. Waara), Iron River, for the plaintiff.

Plunkett & Cooney, P.C. (by Mary Massaron Ross and Camille T. Horne), Detroit, for Eric Burmeister.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Mark E. Donnelly, Assistant Attorney General, for Paul Anderson and Daniel Bartell.

Before: WHITBECK, C.J., and RICHARD ALLEN GRIFFIN and BORRELLO, JJ.

BORRELLO, J.

Plaintiff Darlene VanVorous appeals by right orders dismissing her claims of assault and battery, gross negligence, and intentional infliction of emotional distress filed on behalf of her decedent, John VanVorous, after he was shot and killed by defendant police officers. In this case, we are asked to determine whether the doctrine of collateral estoppel precludes plaintiff's state law claims where her Fourth Amendment excessive force claim has been adjudicated...

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