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STEWART v. STATE

Docket No. 124676.

692 N.W.2d 376 (2004)

471 Mich. 692

Tammy Sue STEWART, Plaintiff-Appellee, and Carla K. Amy, Plaintiff-Appellee, v. STATE of Michigan, Defendant-Appellant.

Supreme Court of Michigan.

October 26, 2004.

Attorney(s) appearing for the Case

Harvey Kruse, P.C. (by Michael J. Guss and Anne V. McArdle), Flint, MI, for Tammy Sue Stewart and MIC General Insurance Corporation.

Grimaldi, Pearson & Weyand, P.C. (by William S. Pearson), Saginaw, MI, for Carla K. Amy.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and James T. Farrell, Assistant Attorney General, Lansing, MI, for the state of Michigan.

OPINION

PER CURIAM.

The issue presented in this appeal is whether, under the parked vehicle provisions of the no-fault act, M.C.L. § 500.3106(1), a police cruiser that is parked at least partially on a roadway, for the purpose of aiding a stalled vehicle and with its emergency lights flashing, presents an unreasonable risk of bodily injury, such that the state may be held liable under the no-fault act. The Court of Appeals concluded that a disabled...

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