Backus v. Kauffman

This case is before us on rehearing. In our initial opinion, Backus v Fajnor-Strong, unpublished memorandum opinion of the Michigan Court of Appeals, issued June 4, 1999 (Docket No. 204620), we affirmed the trial court’s denial of defendant Melody A. Kauffman’s (hereinafter defendant) motion to amend her answer to include governmental immunity as an affirmative defense. We based that earlier decision on this Court’s decision in Haberl v Rose, 225 Mich App 254; 570 NW2d 664 (1997). Defendant then filed a motion for rehearing, directing our attention to the Michigan Supreme Court’s subsequent…