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DETROIT B & T CO. v. STATE HIGHWAYS DEPT.

Docket No. 17606.

55 Mich. App. 131 (1974)

222 N.W.2d 59

DETROIT BANK & TRUST COMPANY v. DEPARTMENT OF STATE HIGHWAYS

Michigan Court of Appeals.

Decided August 15, 1974.

Attorney(s) appearing for the Case

Bellinson, Doctoroff & Wartell and David F. Breck, for plaintiffs.

Plunkett, Cooney, Rutt, Watters, Stanczyk & Pedersen (by Thomas P. Bingman, Jr.), for intervening plaintiff.

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

Before: McGREGOR, P.J., and R.B. BURNS and O'HARA, JJ.

PER CURIAM.

This is an appeal of right from an award of the Court of Claims based upon the claims of negligence and nuisance on the part of the State of Michigan through its Department of State Highways. The award, which is not relevant to the issues of negligence, nuisance, contributory negligence or proximate cause, was $944,068.35. No issue as to its excessiveness is raised.

Death was virtually instantaneous. It was caused by the end of a guardrail penetrating...

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