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KLINE v. DEPT. OF TRANSP.

Docket No. 295652.

809 N.W.2d 392 (2011)

291 Mich. App. 651

KLINE v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Michigan.

Decided March 1, 2011, at 9:00 a.m.

Attorney(s) appearing for the Case

Richard J. Stolcenberg , Wyoming, for plaintiff.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Philip L. Bladen , Assistant Attorney General, for defendant.

Before: HOEKSTRA, P.J., and FITZGERALD and BECKERING, JJ.

FITZGERALD, J.

Defendant, the Michigan Department of Transportation (MDOT), appeals as of right the order denying its motion for summary disposition based on governmental immunity. We reverse because MCR 7.215(J)(1) requires us to follow the holding in McCahan v. Brennan, 291 Mich.App. 430, 804 N.W.2d 906 (2011). Pursuant to MCR 7.215(J)(2), we declare a conflict with McCahan<...

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