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ESTATE OF PEARCE v. EATON CTY. ROAD COM'N

Docket No. 158069, Docket No. 158304 Calendar No. 1.

968 N.W.2d 323 (2021)

507 Mich. 183

ESTATE OF Brendon PEARCE, BY Lynn PEARCE, Personal Representative, Plaintiff-Appellant, v. EATON COUNTY ROAD COMMISSION, Defendant-Appellee, and Estate of Melissa Sue Musser, by Lawrence Benton, Personal Representative, and Patricia Jane Musser, Defendants. Tim Edward Brugger II, Plaintiff-Appellee, v. Midland County Board of Road Commissioners, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 4, 2021.

Attorney(s) appearing for the Case

Collison & Collison, Saginaw (by Joseph T. Collison ) for the estate of Brendon Pearce.

Gray, Sowle, Iacco & Richards, PC (by Patrick A. Richards ) for Tim E. Brugger IL.

Smith Haughey Rice & Roegge, Grand Rapids (by Jon D. Vander Ploeg , D. Adam Tountas , and Jonathan B. Koch ) for the Eaton County Road Commission and the Midland County Board of Road Commissioners.

Mark Granzotto, PC, Royal Oak (by Mark Granzotto ) and Nolan & Shafer, PLC, Muskegon (by David P. Shafer ) for Scott Crouch, amicus curiae.

BEFORE THE ENTIRE BENCH (except Welch, J.)

OPINION

In these consolidated cases, we consider whether the Court of Appeals correctly decided Streng v. Bd. of Mackinac Co. Rd. Comm'rs, 315 Mich.App. 449, 890 N.W.2d 680 (2016), and, if so, whether it should apply retroactively to all...

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