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ROGERS v. CITY OF DETROIT

Docket Nos. 103667, 103668 and 105631, Calendar Nos. 3-4.

579 N.W.2d 840 (1998)

457 Mich. 125

Carol ROGERS, Personal Representative of the Estate of John Rogers, Deceased, Plaintiff-Appellee, Cross-Appellant, v. CITY OF DETROIT and City of Detroit Police Department, Defendants Third-Party, Plaintiffs-Appellants, Cross-Appellees, and Keith Montgomery, Third-Party, Defendant-Appellee. Deborah Ann EWING, Individually and as Next Friend of Krystal Thompson, a Minor, Plaintiffs-Appellees, v. CITY OF DETROIT, a municipal corporation, Detroit Police Department, Defendants-Appellants, and Police Officer Michael Malott, Police Officer John Doe And Police Office Richard Roe, jointly and severally, Defendants, and CITY OF DETROIT, a municipal corporation, and Police Officer Michael Malott, Defendants and Third-Party Plaintiffs, v. Jay Dean McGUIGAN, Third-Party Defendant.

Supreme Court of Michigan.

Decided May 5, 1998.

Attorney(s) appearing for the Case

Fieger, Fieger & Schwartz by Geoffrey N. Fieger, Southfield (Robb, Messing & Palmer by Dean A. Robb, Traverse City, and Bendure & Thomas by Mark R. Bendure, Detroit, of counsel), for plaintiff-appellee in Rogers.

Law Office of Jeffrey H. Feldman, P.C. by Jeffrey H. Feldman, Southfield (John A. Lydick, Detroit, of counsel), for plaintiffs in Ewing.

Garan, Lucow, Miller, Seward & Becker, P.C. by Rosalind Rochkind and Matthew A. Seward, Detroit, for defendant in Rogers.

Sullivan, Ward, Bone, Tyler & Asher, P.C. by Ronald S. Lederman, Southfield, for defendants in Ewing.

Granzotto & Nicita, P.C. by Mark Granzotto, Detroit, for amici curiae Michigan Trial Lawyers Association.

Plunkett & Cooney, P.C. by Christine D. Oldani and Mary Massaron Ross, Detroit, for amici curiae Michigan Municipal League and Michigan Municipal Liability and Property Pool.

Opinion

MARILYN J. KELLY, Justice.

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 N.W.2d 413 (1983).

The cases involve automobile chases in which the pursued vehicles, operated...

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