CONMY v. DEPARTMENT OF TRANSP.

Docket No. 266943.

724 N.W.2d 297 (2006)

Diane CONMY and Michael B. Reith, Personal Representatives of the Estate of Erica Reith, Plaintiffs-Appellees, v. DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Court of Appeals of Michigan.

Decided June 22, 2006.

Approved for Publication August 24, 2006, at 9:00 a.m.

Released for Publication November 22, 2006.


Attorney(s) appearing for the Case

James H. Koning, P.C. (by James H. Koning and Jonathan N. Jilek), Kalamazoo, for the plaintiffs.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and LuAnn Cheyne Frost, Assistant Attorney General, for the defendant.

Before: KELLY, P.J., and MARKEY and METER, JJ.


PER CURIAM.

Defendant appeals as of right from the order of the Court of Claims denying its motion for summary disposition based on governmental immunity. We reverse and remand this matter for entry of an order granting summary disposition in favor of defendant. This appeal is being decided without oral argument pursuant to MCR 7.214(E).

Plaintiffs' decedent was struck and killed by an oncoming train at an intersection...

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