Stanton v. City of Battle Creek

This case calls into question whether a forklift is a “motor vehicle” within the ambit of the motor vehicle exception to governmental immunity, MCL 691.1405. We hold that it is not, and, therefore, we affirm the decision of the Court of Appeals, which affirmed the trial court’s order granting summary disposition in favor of defendants.

*613I. FACTS AND PROCEEDINGS

On April 28, 1995, plaintiff Michael Stanton1 was working as a track driver for Hover Tracking Company and delivered hardware to a site defendant city of Battle Creek owned. Defendant Allen M. Howard, a city employee, drove a forklift…