Walter v. City of Flint

On August 30, 1967, plaintiffs’ 17-year-old daughter was a passenger in an automobile which struck a pile of dirt excavated from and located on Atherton Road in the City of Flint; plaintiffs were not involved in the accident. This action was commenced more than 2-1/2 years later, on May 20, 1970, for damages allegedly incurred as the result of injuries and losses sustained in the above incident. Suit was brought individually to recover their expenses, and as guardian of the minor to recover damages for her injuries.

Prior to answering, the City of Flint moved for accelerated judgment on the…