IN RE WOODS ESTATE

Docket No. 13930.

49 Mich. App. 412 (1973)

212 N.W.2d 240

In re WOODS ESTATE NATIONAL BANK & TRUST COMPANY OF ANN ARBOR v. STATE HIGHWAY DEPARTMENT

Michigan Court of Appeals.

Decided September 24, 1973.


Attorney(s) appearing for the Case

Bellinson, Doctoroff & Wartell, for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso and Myron A. McMillan, Assistants Attorney General, for defendant.

Before: QUINN, P.J., and BRONSON and O'HARA, JJ.


Leave to appeal applied for.

O'HARA, J.

As the result of a fatal accident on I-94 when the Woods' automobile struck a barricade in the highway, plaintiffs filed their complaint alleging negligence in count I, gross negligence in count II and nuisance in count III. Following trial in the Court of Claims, the trial judge found that defendant was negligent and that decedent, Damon C. Woods, was contributorily negligent which barred the executor's claim on count...

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