This action arose as the result of an injury sustained by Joyce Branum on July 2, 1963, At about 3:15 p.m., plaintiff was struck by a *136 truck owned by the University of Michigan, being driven by Harold F. Dresselhouse, an employee of the University of Michigan. Mrs. Branum was injured when the truck left the street, went over the curb and sidewalk, and struck her. The plaintiff Carl Branum is the husband of Joyce Branum and makes his claim for loss of consortium and medical expenses of his wife.
The statement of claim was filed in the court of claims on October 3, 1963. Plaintiffs argue that the legislature of the State of Michigan did abolish the defense of governmental immunity for the State of Michigan and the board of regents of the University of Michigan, or — alternatively—that the purchase of automobile liability insurance by the board of regents of the University of Michigan did waive any claim that it might have of governmental immunity. The plaintiffs argue that, in any event, the State of Michigan would be liable upon the accident because the State of Michigan was, in fact, the owner of the truck, -even though it was registered in the name of the board of regents of the University of Michigan. The defendants based their defense on the governmental immunity of the board of regents of the University of Michigan. They argue that the legislature of the State of Michigan could not'waive the governmental immunity of the University of Michigan; as it is a constitutional corporation and not subject to the control of the legislature.
On March 22, 1965, the court of claims ordered a summary judgment of no cause of action, based upon the defendants’ previous motion to dismiss.
The decision of this Court could be simplified if we could adopt the plaintiffs’ arguments that purchase of automobile liability insurance by the defendant board of regents of the University of Michigan acted to waive governmental immunity of the board
*137
of regents to the extent of the insurance coverage. Opinions from the courts of some sister States have adopted such a position.
Marshall
v.
City of Green Bay
(1963),
"We must decide whether the waiver of governmental immunity by the State of Michigan, PA 1961, No 236 §§ 2904, 6475 (CLS 1961, §§ 600.2904, 600-.6475, Stat Ann 1962 Rev §§ 27A.2904, 27A.6475), did waive the governmental immunity of the board of regents of the University of Michigan.
The defendants argue that historically, by judicial decisions of the Supreme Court of the State of Michigan, the board of regents of the University of Michigan has not been held subject to the control of the legislature. See
Weinberg
v.
Regents of University
*138
of Michigan
(1893),
In spite of its independence, the board of regents remains a part of the government of the State of Michigan. The Supreme Court of the State of Michigan has ruled that the judicial doctrine of governmental immunity no longer exists in Michigan. Justice Edwards, in
Williams
v.
City of Detroit
(1961),
The governing bodies of both the University of Michigan and Michigan State University are equal in both creation and power. In
Peters
v.
Michigan State College
(1948),
The decision of the court of claims is reversed and the ease remanded to the court of claims for determination upon the merits. No costs are awarded because of the public nature of the questions involved.