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BACKUS v. KAUFFMAN

Docket No. 204620.

605 N.W.2d 690 (1999)

238 Mich. App. 402

William R. BACKUS, Plaintiff-Appellee, v. Amy Beth Fajnor-Strong, Defendant-Appellee, and Melody Ann KAUFFMAN, Defendant-Appellant, and M & M Auto Sales, Inc., and Lansing School District, Defendants.

Court of Appeals of Michigan.

Decided June 4, 1999.

Submitted on Rehearing August 3, 1999.

Decided on Rehearing November 5, 1999, at 9:05 a.m.

Attorney(s) appearing for the Case

Silverman, Smith & Bingen, P.C. (by Michael C. Bingen and Stephen M. Rice) and Gerald L. Charland, Kalamazoo, for William R. Backus.

Fraser, Trebilcock, Davis & Foster, P.C. (by Charyn K. Hain and Peter L. Dunlap), Lansing, for Melody A. Kauffman.

Conlin, McKenney & Philbrick, P.C. (by Joseph W. Phillips), Ann Arbor, for Amy B. Fajnor-Strong and M & M Auto Sales, Inc.

Before JANSEN, P.J., and HOLBROOK, JR., and MacKENZIE, JJ.

ON REHEARING

PER CURIAM.

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 In our initial opinion, Backus v. Fajnor-Strong, unpublished memorandum opinion of the Michigan Court of Appeals, issued June 4, 1999 (Docket No. 204620), we affirmed the trial court's denial of defendant Melody A.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...

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