Legal Opinion · Dissent

Chandler v. Muskegon County

Michigan Supreme Court

Decided October 22, 2002No. Docket 118811Published

1DissentKelly, J.

I respectfully dissent. The majority today restricts the motor vehicle exception to governmental immunity to instances “directly associated with the driving of a motor vehicle.”11 disagree.

Operating a motor vehicle requires the performance of functions some of which are distinct from the act of driving. At a minimum, the Court should include within its reading of the statutory exception those functions that are distinct from, but necessary to and inherent in, driving a motor vehicle. I would hold that the opening and closing of bus doors to permit the driver to leave the bus is one such…

2Cases cited7 opinions

  1. Stanton v. City of Battle CreekMichigan Supreme Court · 2002
  2. People v. DuenazMichigan Court of Appeals · 2014
  3. Sonnenberg v. Erie Metropolitan Transit AuthorityCommonwealth Court of Pennsylvania · 1991
  4. Diggins v. TherouxMassachusetts Supreme Judicial Court · 1943
  5. Orlowski v. Jackson State PrisonMichigan Court of Appeals · 1971

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