Kline v. Department of Transportation

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 NW2d 906 (2011). Pursuant to MCR 7.215(J)(2), we declare a conflict with McCahan and state that if we were not obligated to follow McCahan, we would affirm.

On August 9, 2007, plaintiff, Hubert Kline, was involved in an automobile accident in which his vehicle and an MDOT vehicle collided. Plaintiff was seriously…