Motor vehicle exception to governmental immunity (MCL 691.1405); “Resulting from”; Robinson v Detroit; Gross negligence; MCL 691.1407(2) & (8)(a); “The proximate cause”; Ray v Swager; Civil conspiracy; Swain v Morse

The court held that the decedent’s (Jamerson) death did not “result from” defendant-police officer’s (Zaimi) operation of defendant-city’s police vehicle for purposes of the motor vehicle exception to governmental immunity. Further, Zaimi was entitled to summary disposition of the gross negligence claim because his “actions were not ‘the proximate cause’ of Jamerson’s death[.]” Finally, defendants were entitled to summary disposition on the civil conspiracy claim where no evidence of a conspiracy was presented. Thus, the court affirmed summary disposition for defendants on the civil conspiracy claim and for the city on the negligence claim but reversed the denial of summary disposition for Zaimi on the gross negligence claim and remanded for entry of summary disposition in his favor. The case arose from “a fatal car crash following a Detroit police pursuit of a vehicle” (a Saturn driven by defendant-Dixon) in which Jamerson was a passenger. As to the claim against the city, there was no dispute “that the police vehicle did not come into contact with the Saturn.” The court also concluded “the police vehicle did not ‘otherwise physically force it off the road or into another vehicle or object.’ . . . The occupants of both vehicles so testified.” In addition, the Saturn was struck by another vehicle or object – an SUV and a utility pole. “The police vehicle was still several car lengths from the intersection on Seven Mile when the collision occurred.” As to Zaimi, after viewing the dash camera footage, the court concluded “as a matter of law that Dixon’s reckless conduct was ‘the proximate cause’ of” Jamerson’s death. After he turned “onto Seven Mile Road, Dixon accelerated the Saturn and ran the red light, resulting in the collision with the SUV and the utility pole.” The court found that while “Zaimi’s conduct in pursuing the Saturn may properly be considered a proximate cause of Jamerson’s injuries, given the circumstances and the decision in Robinson, there is no genuine issue of material fact that Dixon’s conduct was the proximate cause of Jamerson’s death.”