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FOGARTY v. DEP'T OF TRANS.

Docket No. 136476.

200 Mich. App. 572 (1993)

504 N.W.2d 710

FOGARTY v. DEPARTMENT OF TRANSPORTATION

Michigan Court of Appeals.

Decided July 7, 1993, at 9:15 A.M.

Attorney(s) appearing for the Case

Frank & Stefani (by Ronn S. Nadis and David L. Haron), for the plaintiff.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and John M. Cahill, Assistant Attorney General, for the Department of Transportation.

Before: WAHLS, P.J., and MACKENZIE and TAYLOR, JJ.

PER CURIAM.

Plaintiff's decedent was killed in a car accident and plaintiff sued the Department of Transportation (DOT), alleging liability under the highway exception to the doctrine of governmental immunity, MCL 691.1402; MSA 3.996(102).1 The DOT unsuccessfully moved for summary disposition, and we granted its application for interlocutory appeal.

The sole issue here is whether the highway exception applies to a highway median...

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