Genesee County Road Commission v. State Highway Commission

Plaintiffs appeal as of right from a September 29, 1976, judgment of the Court of Claims granting defendant’s motion for summary judgment brought under GCR 1963, 117.2(1).

This case arose out of an automobile accident on November 3, 1969, in Genesee County. As a result of this accident a wrongful death action was filed in circuit court on November 3, 1971, in behalf of Michael Mitchell. Plaintiffs and defendant herein were named as defendants in that action. At the same time, a similar complaint was filed against the State Highway Commission in the Court of Claims. On April 27, 1972, the…