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No. 132164
| Gaila Marie Martin, |
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Mark R. Bendure |
Plaintiff-Appellant, |
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(Appeal from Ct of Appeals) |
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(Kent - Redford, J.) |
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| The Rapid Inter-Urban Transit Partnership and |
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| City of Grand Rapids, |
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Marcelyn A. Stepanski |
| Defendants-Appellees. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellant's Application for Leave to Appeal>>
Defendants-Appellees' Brief in Opposition to Application for Leave to Appeal>>
Background
Gaila Martin slipped on the icy top step of a shuttle bus as she was exiting the bus. She fell to the ground, injuring her back. Martin sued the Rapid Inter-Urban Transit Partnership (ITP) and the city of Grand Rapids. The city of Grand Rapids owned the bus, and ITP operated the bus and provided maintenance for it under a contract with the city. In her lawsuit, Martin claimed that the defendants were negligent by failing to install heaters on the bus that would eliminate ice and snow on the steps. She also alleged that the driver negligently failed to scrape the top step of the bus to keep it free of ice and snow. The defendants moved for summary disposition, arguing that they were entitled to governmental immunity. They argued that Martin was not injured as a result of the “operation” of the bus, and that therefore the motor vehicle exception to governmental immunity did not apply. Martin responded that operation of the bus includes discharging passengers. The trial court denied the defendants’ motion. On appeal, the Court of Appeals reversed in a unanimous published opinion, ruling that Martin’s injuries did not result from the “operation” of the bus within the meaning of Chandler v Muskegon Co, 467 Mich 315 (2002). As a result, the motor vehicle exception did not apply, the court reasoned, and the defendants were entitled to dismissal on the basis of governmental immunity. Martin appeals.
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