BACON v. STATE HIGHWAY DEP'T

Docket No. 52958.

115 Mich. App. 382 (1982)

320 N.W.2d 681

BACON v. DEPARTMENT OF STATE HIGHWAYS

Michigan Court of Appeals.

Decided April 21, 1982.


Attorney(s) appearing for the Case

O'Brien, Moran & Dimond (by Michael C. Moran and Edward R. Stein), and Lawrence W. Sperling, for plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Carl K. Carlsen, Assistant Attorney General, for defendant.

Before: V.J. BRENNAN, P.J., and ALLEN and T.C. MEGARGLE, JJ.


V.J. BRENNAN, P.J.

Plaintiff, James Bacon, appeals as of right the lower court's July 21, 1980, order limiting plaintiff's recovery to $129,940.

On December 2, 1972, Edward Woodley, an employee of Dacon Trucking Company, was driving a tractor-trailer north on I-75. After experiencing engine trouble, Woodley parked his rig in a lane which had been recently opened to traffic by the defendant highway department. Woodley did not realize he was parked in the traffic...

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