ENDYKIEWICZ v. STATE HWY. COMM'N

Docket No. 47277.

102 Mich. App. 662 (1981)

302 N.W.2d 271

ENDYKIEWICZ v. STATE HIGHWAY COMMISSION

Michigan Court of Appeals.

Decided January 6, 1981.


Attorney(s) appearing for the Case

Kutinsky, Davey & Solomon, for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Carl K. Carlsen and William H. Schwan, Assistants Attorney General, for defendant.

Before: DANHOF, C.J., and M.F. CAVANAGH and MacKENZIE, JJ.


DANHOF, C.J.

Plaintiff appeals by leave granted from a July 12, 1977, order granting defendant partial summary judgment. The Court of Claims ruled that the statute allowing suit for negligent maintenance of highways, MCL 691.1402; MSA 3.996(102), did not grant the right to sue for derivative damages.

Thomas Endykiewicz was killed when another automobile jumped the center guardrail on the Southfield freeway in Detroit and struck his vehicle head-on. He is survived...

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