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WEST v. LIVINGSTON CTY. RD. COMM.

Docket No. 60810.

131 Mich. App. 63 (1983)

345 N.W.2d 608

WEST v. LIVINGSTON COUNTY ROAD COMMISSION

Michigan Court of Appeals.

Decided October 12, 1983.

Attorney(s) appearing for the Case

Schrauger & Dunn, P.C. (by Michael J. Cantor), for plaintiffs.

Davidson, Gotshall, Kohl, Secrest, Wardle, Lynch & Clark (by Michael J. Updike), for defendant.

Before: DANHOF, C.J., and ALLEN and K.N. HANSEN, JJ.

PER CURIAM.

Plaintiffs appeal as of right from a jury verdict of no cause of action in their claim against defendant pursuant to MCL 691.1402; MSA 3.996(102).

Plaintiffs initially claim that the trial court erred by continually referring to their claim as one grounded in negligence. They claim that the statutory duty created by MCL 691.1402; MSA 3.996(102) is separate and distinct from negligence. We disagree.

In Palomba v East Detroit,

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