Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

02/10/76 ABBOTT v. SECRETARY STATE

February 10, 1976

ABBOTT
v.
SECRETARY OF STATE



Appeal from Isabella, Robert H. Campbell, J.

McGregor, P. J., and T. M. Burns and N. J. Kaufman, JJ.

SYLLABUS BY THE COURT

1. Courts -- Court of Claims -- Jurisdiction -- State Officers.

The exclusive jurisdiction of the Court of Claims includes suits against state officers for those acts performed in their official capacities.

2. Courts -- Court of Claims -- Jurisdiction.

The Court of Claims has exclusive jurisdiction over claims and demands against the state or any of its departments, commissions, boards, institutions, arms or agencies (MCLA 600.6419; MSA 27A.6419).

3. Automobiles -- Statutes -- Motor Vehicle Accident Claims Act -- Uninsured Motorists -- Suspension of Licenses.

Payment from the Motor Vehicle Accident Claims Fund in satisfaction of a judgment against an uninsured motorist authorizes the Secretary of State to suspend the motorist's license until the amount of the payment under the judgment is repaid in full or until installment repayments are commenced in accordance with an agreement entered into with the Secretary of State (MCLA 257.1110; MSA 9.2810).

4. Courts -- Circuit Courts -- Jurisdiction -- Action -- Multiple Courts.

A circuit court's lack of jurisdiction as to a plaintiff's action based on negligence did not preclude that court from ruling on the plaintiff's request for an appeal from the suspension of his operator's license.

The opinion of the court was delivered by: Kaufman

Complaint by Jimmy D. Abbott against Richard Austin, Secretary of State, Frank J. Kelley, Attorney General, Joseph B. Bilitzke, Assistant Attorney General, and Nicholas R. Trogan, III, Special Assistant Attorney General, seeking restoration of a suspended drivers license and damages for negligence arising out of a failure of present defendants to properly represent the interests of the plaintiff in a previous action in which the plaintiff, an uninsured motorist, was a defendant. Accelerated judgment for defendants on the claim for negligence, but the court ordered the license restored. Plaintiff appeals. Defendants cross-appeal.

Plaintiff appeals an order of the Isabella County Circuit Court which on February 25, 1975 granted an accelerated judgment, GCR 1963, 116.1(2), in favor of defendants.

We adopt defendants' statement of facts. On October 30, 1971, plaintiff Jimmy Dean Abbott was involved in an automobile accident in Isabella County, Michigan, with one James Harold Schafer. At the time of this accident, plaintiff was an uninsured motorist, having paid the statutory fee of $45 to the Motor Vehicle ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.