IDA ISAAC V STANDARD PARKING CORP

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STATE OF MICHIGAN COURT OF APPEALS IDA ISAAC and ALEXANDER ISAAC, UNPUBLISHED February 15, 2007 Plaintiffs-Appellees, v No. 272539 Genesee Circuit Court LC No. 05-082172-NO STANDARD PARKING CORPORATION, Defendant, and BISHOP INTERNATIONAL AIRPORT AUTHORITY, Defendant-Appellant. Before: Sawyer, P.J., and Fitzgerald and Donofrio, JJ. FITZGERALD, J. (dissenting). I respectfully dissent. Defendant moved for summary disposition before the period for discovery closed. The trial court denied the motion. I believe summary disposition is inappropriate here because further discovery has a reasonable chance of locating factual support for plaintiff’s position and providing support for a claim under the highway exception. Stringwell v Ann Arbor Pub School Dist, 262 Mich App 709, 714; 686 NW2d 825 (2004). /s/ E. Thomas Fitzgerald -1-

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