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HARSTON v. COUNTY OF EATON

Nos. 338981, 338990.

922 N.W.2d 391 (2018)

324 Mich. App. 549

Ryan HARSTON, Plaintiff, and Joseph Grinage, Intervening Plaintiff-Appellee, v. COUNTY OF EATON, Defendant, and Eaton County Road Commission, Defendant-Appellant, and Estate of Melissa Sue Musser, by Lawrence Benton, Personal Representative, and Patricia Jane Musser, Defendants-Appellees. Estate of Brendon Pearce, by Lynn Pearce, Personal Representative, Plaintiff-Appellee, v. Eaton County Road Commission, Defendant-Appellant, and Estate of Melissa Sue Musser, by Lawrence Benton, Personal Representative, and Patricia Jane Musser, Defendants-Appellees.

Court of Appeals of Michigan.

Decided June 7, 2018, 9:10 a.m.

Attorney(s) appearing for the Case

The Sam Bernstein Law Firm (by Leonard E. Miller ) for Ryan Harston.

Smith Haughey Rice & Roegge (by Jon D. Vander Ploeg and D. Adam Tountas ) for the Eaton County Road Commission.

Collison & Collison (by Joseph T. Collison ) for the estate of Brendon Pearce.

Before: O'Connell, P.J., and K.F. Kelly and Riordan, JJ.

These consolidated cases1 arise out of a fatal car crash. Defendant Eaton County Road Commission appeals as of right the trial court's order denying the Road Commission's motion for summary disposition brought under MCR 2.116(C)(7) (immunity granted by law). The parties dispute the retroactivity of

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