GERZESKI v. HIGHWAYS DEPT.

Docket Nos. 22209, 22210.

68 Mich. App. 91 (1976)

241 N.W.2d 771

GERZESKI v. DEPARTMENT OF STATE HIGHWAYS FOUCHIA v. DEPARTMENT OF STATE HIGHWAYS

Michigan Court of Appeals.

Decided March 23, 1976.


Attorney(s) appearing for the Case

Cicinelli, Mossner, Majoros, Alexander & Harrigan, P.C., for plaintiffs.

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 T.M. BURNS and N.J. KAUFMAN, JJ.


Leave to appeal granted, 397 Mich. 832.

N.J. KAUFMAN, J.

Defendants appeal a judgment entered against them by the Court of Claims. This is one of those troublesome cases, so conducive to making bad law. It involves the tragic deaths of three individuals for whose survivors the law of governmental immunity must deny legal recourse. Our sympathies naturally run to the plaintiffs. The law, unfortunately, does not.

In 1966, the Michigan State Highway Department...

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