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ROY v. DEP'T. OF TRANSPORTATION

Docket No. 78864.

428 Mich. 330 (1987)

408 N.W.2d 783

ROY v. DEPARTMENT OF TRANSPORTATION

Supreme Court of Michigan.

Decided July 1, 1987.

Attorney(s) appearing for the Case

John R. Rinn for the plaintiffs.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Brenda E. Turner, Assistant Attorney General, for the defendant.

PER CURIAM:

MCL 691.1402; MSA 3.996(102) provides an exception to governmental immunity for tort liability in favor of "[a]ny person sustaining bodily injury or damage to his property by reason of failure of any governmental agency to keep any highway under its jurisdiction in reasonable repair, and in condition reasonably safe and fit for travel...." However, the statute provides that the governmental agency's duty to repair and maintain, and its potential liability...

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