Preview:

STATE OF MICHIGAN COURT OF APPEALS

ALEX A. LEMERAND, Plaintiff-Appellant, v UNIVERSITY OF MICHIGAN REGENTS, Defendant-Appellee.

UNPUBLISHED October 20, 2011

No. 298637 Court of Claims LC No. 09-000067-MZ

ALEX A. LEMERAND, Plaintiff-Appellant, v KEVIN SHELDON HARTMAN, Defendant-Appellee. No. 300157 Washtenaw Circuit Court LC No. 09-000622-NI

Before: M. J. KELLY, P.J., and FITZGERALD and WHITBECK, JJ. PER CURIAM. Plaintiff appeals as of right the orders granting summary disposition in favor of defendants in these consolidated actions alleging tort liability arising from a governmental employee's negligent operation of a motor vehicle. We affirm. On June 19, 2006, plaintiff was allegedly injured in a car accident involving a vehicle owned by defendant University of Michigan Regents (the university) and driven by its employee, defendant Kevin Sheldon Hartman, on university business at the time. According to Hartman, he was traveling 25 to 30 miles per hour and was following the car in front of him, which was driven by plaintiff, by two car lengths as he approached Division Street in Ann Arbor. The stoplight at Division Street turned from green to yellow, and plaintiff's vehicle stopped. Hartman slammed on the brake pedal with one foot. Hartman's vehicle struck plaintiff's vehicle in the rear. The police report regarding the accident described "no injuries," minor damage to Hartman's vehicle, and extensive damage to the rear of plaintiff's vehicle. The police cited

-1-

Hartman for failure to stop within an assured distance. Hartman filled out a vehicle damage report for the University in which he described the accident as follows: The car in front of me stopped for a yellow light. I did all I could to stop my vehicle. Given the condition of the vehicle, not much happened when I forcefully applied the brakes. I was traveling west bound on Hill [S]treet toward Division, moving at the posted speed limit when the accident occurred. During his deposition, Hartman described the vehicle's condition as "not ideal, but it

Download ALEX A LEMERAND V KEVIN SHELDON HARTMAN.pdf

Michigan Law