SMITH v. TRANS DEP'T

Docket No. 78055.

157 Mich. App. 12 (1987)

403 N.W.2d 87

SMITH v. DEPARTMENT OF TRANSPORTATION

Michigan Court of Appeals.

Decided January 5, 1987.


Attorney(s) appearing for the Case

Zimmer & Dietrick (by Noreen K. Myers), for plaintiffs.

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

Before: ALLEN, P.J., and GRIBBS and T. GILLESPIE, JJ.


ALLEN, P.J.

Plaintiffs appeal from the Court of Claims' order granting summary judgment for defendant Michigan Department of Transportation on plaintiffs' claim of negligent highway design and construction and claim of nuisance. We affirm.

On July 19 1979, plaintiffs' decedent, Rebecca Rogers, was struck by a truck owned by Quality Dairy at the intersection of Michigan Avenue and Creyts Road in Delta Township, Eaton County. Plaintiffs sued the Eaton County...

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