BELINDA MESTER V AMANDA JEAN SMITH
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STATE OF MICHIGAN
COURT OF APPEALS
JUNE NAZARIO, Personal Representative of the
Estate of EDELFINA NAZARIO,
UNPUBLISHED
November 30, 1999
Plaintiff-Appellant,
v
No. 209203
Tuscola Circuit Court
LC No. 95-014414 NI
TED HULL, VILLAGE OF REESE, COUNTY OF
TUSCOLA, THOMAS PENNINGTON and JON
OLIVER,
Defendants-Appellees.
BELINDA MESTER, Next Friend of JESSICA
MESTER, a Minor,
Plaintiff-Appellant,
v
No. 209215
Tuscola Circuit Court
LC No. 95-014229 NI
TED HULL, VILLAGE OF REESE, THOMAS
PENNINGTON, JON OLIVER and COUNTY OF
TUSCOLA,
Defendants-Appellees.
Before: Gribbs, P.J., and Murphy and Griffin, JJ.
MEMORANDUM.
Plaintiffs appeal as of right from the trial court's order granting defendants’ motion for summary
disposition. The trial court found that pursuant to Robinson v Detroit, 225 Mich App 14; 571 NW2d
-1
34 (1997), lv gtd 458 Mich 861 (1998), police officers owe no duty to voluntary passengers in a
vehicle fleeing the police. We affirm.
We agree with the trial court. Pursuant to Robinson, supra, defendants owed no duty of care
to plaintiffs, who were voluntary passengers in a vehicle fleeing the police. Id. at 19-21. Robinson was
decided by a special panel of this Court, and although our Supreme Court has granted leave to appeal
in that case, the decision is binding until reversed or modified by our Supreme Court. MCR 7.215(C)
and (H). Contrary to plaintiffs' arguments, we find no basis on which to distinguish the facts of the
instant case.
Affirmed.
/s/ Roman S. Gribbs
/s/ William B. Murphy
/s/ Richard Allen Griffin
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