Trial lawyers specializing in personal injury and civil litigation
According to Michigan Supreme Court majority, closing bus door is not part of "operation of vehicle"
In Fundunburks v. Capital Area Transportation Authority, the activist "Engler Gang of Four" who control our Supreme Court recently affirmed dismissal of the Plaintiff's injury claim. The Plaintiff was badly hurt when the bus door closed on her without warning while she was exiting. The Court held that there was no evidence of "gross negligence" by the operator of the bus and therefore the driver was immune from liability. The same majority had previously held that operating the door of the bus is not included within the statutory definition of operating a motor vehicle, and therefore the owner of the bus enjoyed immunity from suit as a governmental entity.