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WESCHE v. MECOSTA CTY. RD. COMM.

Docket No. 251641.

705 N.W.2d 136 (2005)

267 Mich. App. 274

Daniel John WESCHE and Beverly Wesche, Plaintiffs-Appellees/Cross-Appellants, v. MECOSTA COUNTY ROAD COMMISSION, Defendant-Appellant/Cross-Appellee.

Court of Appeals of Michigan.

Decided July 5, 2005, at 9:05 a.m.

Released for Publication September 28, 2005.

Attorney(s) appearing for the Case

Walz & Warba, P.C. (by Mark J. Warba), Big Rapids, for the plaintiffs.

Smith Haughey Rice & Roegge (by Charles F. Behler and William L. Henn), Grand Rapids, for the defendant.

Before: HOEKSTRA, P.J. and JANSEN and KIRSTEN FRANK KELLY, JJ.

PER CURIAM.

In this automobile negligence action, defendant Mecosta County Road Commission appeals as of right the trial court's ruling that a Gradall hydraulic excavator is a motor vehicle for the purposes of the motor vehicle exception to governmental immunity found in MCL 691.1405. Plaintiffs Daniel J. and Beverly Wesche cross-appeal the trial court's dismissal of Beverly Wesche's loss-of-consortium claim. We affirm.

I. Basic Facts

It is undisputed...

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