JUNE NAZARIO V TED HULL
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STATE OF MICHIGAN
COURT OF APPEALS
JUNE NAZARIO, Personal Representative of the
Estate of EDELFINA NAZARIO,
UNPUBLISHED
April 27, 2001
Plaintiff-Appellant,
v
TED HULL, VILLAGE OF REESE, COUNTY OF
TUSCOLA, THOMAS PENNINGTON and JON
OLIVER,
No. 209203
Tuscola Circuit Court
LC No. 95-014414-NI
Defendants-Appellees.
BELINDA MESTER, Next Friend of JESSICA
MESTER, a Minor,
Plaintiff-Appellant,
v
TED HULL, VILLAGE OF REESE, THOMAS
PENNINGTON, JON OLIVER and COUNTY OF
TUSCOLA,
No. 209215
Tuscola Circuit Court
LC No. 95-014229-NI
Defendants-Appellees.
ON REMAND
Before: Murphy, P.J., and Griffin and Talbot, JJ.
MEMORANDUM.
We previously issued an opinion in these consolidated cases affirming the circuit court's
order granting summary disposition in favor of defendants. Nazario v Hull and Mester v Hull,
memorandum opinion of the Court of Appeals, issued November 30, 1999 (Docket Nos. 209203,
209215). The cases are before us again pursuant to an order of our Supreme Court directing us to
reconsider our earlier decision in light of Robinson v City of Detroit, 462 Mich 439; 613 NW2d
307 (2000). We again affirm.
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We previously held that defendants owed no duty to plaintiffs, who were voluntary
passengers in a vehicle fleeing police pursuit. Assuming, for current purposes, that in line with
the reasoning of Robinson there existed a jury question whether plaintiffs were owed a duty as
innocent passengers at the time of the pursuit and crash, Id. at 444, we nevertheless conclude that
summary disposition in favor of defendants was appropriate. Plaintiffs' respective injuries, fatal
in decedent Nazario's case, did not result from the operation of a government vehicle. See MCL
691.1405; MSA 3.996(105). The pursuing police vehicles neither hit the fleeing car nor forced it
off the road or into another vehicle or object. Robinson, supra at 445, 456-457. Similarly, the
individual police officers' conduct was not the "proximate cause" of plaintiffs' varyingly severe
injuries. MCL 691.1407(2); MSA 3.996(107)(2); Robinson, supra at 445-446, 462-463.
Affirmed.
/s/ William B. Murphy
/s/ Richard Allen Griffin
/s/ Michael J. Talbot
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