JOSEPH HINZ V MICHIGAN STATE UNIV BD OF TRUSTEES

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STATE OF MICHIGAN COURT OF APPEALS JOSEPH HINZ, Personal Representative of the ESTATE OF JOHN ALLEN HAWKINS, UNPUBLISHED June 23, 2009 Plaintiff-Appellee, v MICHIGAN STATE UNIVERSITY BOARD OF TRUSTEES, No. 285278 Court of Claims LC No. 07-000026-MZ Defendant-Appellant. Before: O’Connell, P.J., and Bandstra and Donofrio, JJ. MEMORANDUM. Defendant appeals as of right from the trial court’s order denying defendant’s motion for summary disposition based on plaintiff’s failure to give notice as required by MCL 600.6431. We dismiss this appeal as moot. This appeal has been decided without oral argument pursuant to MCR 7.214(E). Plaintiff sued defendant and its employee, Alan Almy, when Almy left his truck running, allowing it to be stolen by an intoxicated person who drove recklessly and struck and killed plaintiff’s decedent. In an earlier appeal, we issued an opinion ordering the trial court to enter orders granting the defendants’ motions for summary disposition based on governmental immunity under MCL 691.1407(2) and MCL 691.1405(5). Hinz v Almy, unpublished opinion per curiam of the Court of Appeals, issued May 7, 2009 (Docket Nos. 285125 and 285126). That decision renders defendant’s appeal here moot. Dismissed as moot. /s/ Peter D. O’Connell /s/ Richard A. Bandstra /s/ Pat M. Donofrio -1-

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