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Binno v. Binno

Supreme Court of Michigan
Apr 22, 2011
489 Mich. 876 (Mich. 2011)

Summary

reversing an unpublished Court of Appeals opinion that had improperly assumed that certain individuals who were passengers on a boat were operating the boat as contemplated by the statutes

Summary of this case from Farm Bureau Mut. Ins. Co. of Mich. v. Bowers

Opinion

No. 141691.

April 22, 2011.

Court of Appeals No. 291437.


Summary Disposition April 22, 2011.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse only that portion of the judgment of the Court of Appeals holding that two of the defendants owed the decedent a statutory duty of care under the Natural Resources and Environmental Protection Act, MCL 324.101 et seq. As the trial court correctly concluded, these defendants were not "operating" a vessel within the meaning of MCL 324.80103(g) and (h) in these circumstances. We affirm the judgment of the Court of Appeals in all other respects.


Summaries of

Binno v. Binno

Supreme Court of Michigan
Apr 22, 2011
489 Mich. 876 (Mich. 2011)

reversing an unpublished Court of Appeals opinion that had improperly assumed that certain individuals who were passengers on a boat were operating the boat as contemplated by the statutes

Summary of this case from Farm Bureau Mut. Ins. Co. of Mich. v. Bowers

In Binno, our Supreme Court reversed in part this Court's decision in Binno v Binno, unpublished opinion per curiam of the Court of Appeals, issued June 15, 2010 (Docket No. 291437), where the panel engaged in the very dictionary-based analysis urged by the parties in this case.

Summary of this case from Lenhoff v. Rechter
Case details for

Binno v. Binno

Case Details

Full title:BINNO v. BINNO

Court:Supreme Court of Michigan

Date published: Apr 22, 2011

Citations

489 Mich. 876 (Mich. 2011)
796 N.W.2d 49

Citing Cases

Lenhoff v. Rechter

Therefore, the question becomes whether the boat was "under way" at the time of plaintiff's accident.…

Farm Bureau Mut. Ins. Co. of Mich. v. Bowers

Accordingly, he bore no statutory or common law duty of care to operate the boat in a reasonable or prudent…