Garcia v. City of Jackson

• Decision Date: 17 May 1988
• Docket Number: No. 78776,78776
• Citation: Garcia v. City of Jackson, 423 N.W.2d 215, 430 Mich. 877 (Mich. 1988)
• Parties: Manuel GARCIA, Sr., Individually and as Personal Representative of the Estate of Javier Garcia, Deceased, and Bertha O. Garcia, Manuel Garcia, Jr., Berta G. McCann, and Malcom Scott Garcia, Individually, Plaintiffs-Appellees, v. CITY OF JACKSON, a Michigan municipal corporation, Defendant-Appellant.
• Court: Michigan Supreme Court

Page 215

423 N.W.2d 215

430 Mich. 877

Manuel GARCIA, Sr., Individually and as Personal Representative of the Estate of Javier Garcia, Deceased, and Bertha O. Garcia, Manuel Garcia, Jr., Berta G. McCann, and Malcom Scott Garcia, Individually, Plaintiffs-Appellees, v. CITY OF JACKSON, a Michigan municipal corporation Defendant-Appellant.

No. 78776.

Supreme Court of Michigan.

May 17, 1988.

Case below: 152 Mich.App. 254, 393 N.W.2d 599.

ORDER

The certification by the Court of Appeals pursuant to Administrative Order 1984-2 that its decision in the instant case is in conflict with its decisions in Ford v. City of Detroit, 91 Mich.App. 333, 283 N.W.2d 739 (1979) and Furness v. Public Service Commission, 100 Mich.App. 365, 299 N.W.2d 35 (1980) has been considered by this Court. By order of August 25, 1986 the accompanying application for leave to appeal was held in abeyance pending the decision in Rushing v. County of Wayne (Docket No. 74724), Hadfield v. Oakland County Drain Commissioner (Docket No. 75494), Veeneman v. State of Michigan (Docket No. 76815), Landry v. City of Detroit (Docket No. 77011), and McCaul v. Village of Lake Odessa (Docket No. 78233). On order of the Court, the decision in those cases having been issued on March 29, 1988, 430 Mich. 139, 422 N.W.2d 205 (1988), the application is again considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND the case to the Court of Appeals for reconsideration in light of the aforementioned...