BOBBIE J HARDY V DEPUTY DAWN NYE

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STATE OF MICHIGAN COURT OF APPEALS BOBBIE J. HARDY, UNPUBLISHED October 7, 2010 Plaintiff-Appellant, and BRUCE S. HARDY Plaintiff, v No. 292259 Ingham Circuit Court LC No. 08-000012-NO DEPUTY DAWN NYE, INGHAM COUNTY SHERIFF’S DEPARTMENT, and INGHAM COUNTY, Defendants-Appellees. Before: MURPHY, C.J., and HOEKSTRA and STEPHENS, JJ. STEPHENS, J. (concurring). I write separately only to take exception to the majority’s determination that plaintiff has failed to create a factual question regarding whether Deputy Nye engaged her lights and siren. While the majority correctly notes that plaintiff’s statement to the officer who interviewed her at the hospital is hearsay, the record is undeveloped regarding whether it is nonetheless admissible under MRE 803(2) or 803(24). The trial court did not address the hearsay issue. Without such a record, the determination of the trial court and the majority that there was no factual issue is premature. /s/ Cynthia Diane Stephens -1-

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