Rogers v. City of Detroit

This appeal is a consolidation of two cases. In each, the primary issue is whether the Supreme Court should overrule or modify its decision in Fiser v City of Ann Arbor, 417 Mich 461; 339 NW2d 413 (1983).

The cases involve automobile chases in which the pursued vehicles, operated by individuals fleeing police officers, crashed into vehicles occupied by innocent parties. Under Fiser, if the police pursuit constitutes negligent operation of the police vehicle, then the motor vehicle exception applies1 and the municipality is not immune from tort liability. Fiser, supra at 469.

The motor vehicle…