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OLIVER v. SMITH

Docket No. 292585.

810 N.W.2d 57 (2010)

290 Mich. App. 678

OLIVER v. SMITH.

Court of Appeals of Michigan.

Decided November 23, 2010, at 9:00 a.m.

Attorney(s) appearing for the Case

Law Offices of Scott E. Combs, Novi (by Scott E. Combs ), for Gary Oliver.

Cummings, McClorey, Davis & Acho, P.L.C., Livonia (by Joseph Nimako and Jeffrey R. Clark ), for Cory Smith.

Before: MURRAY, P.J., and KIRSTEN FRANK KELLY and DONOFRIO, JJ.

PER CURIAM.

In this tort action alleging excessive use of force by a police officer, defendant Cory Smith appeals as of right the trial court's order denying his motion for summary disposition based on governmental immunity. This is the second time that this case is before this Court. This Court previously affirmed the trial court's order denying a previous motion for summary disposition made by defendant.1 Oliver v. Smith,

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