MASON v. WAYNE CTY. BD. OF COM'RS

Docket No. 94911, (Calendar No. 5).

447 Mich. 130 (1994)

523 N.W.2d 791

MASON v. WAYNE COUNTY BOARD OF COMMISSIONERS

Supreme Court of Michigan.

Decided August 31, 1994.


Attorney(s) appearing for the Case

Bebout, Potere, Cox, Hughes & O'Mara, P.C. (by Francis P. Hughes), for the plaintiffs.

Plunkett & Cooney, P.C. (by Christine D. Oldani and Mary Massaron Ross), for the defendants.

Amici Curiae:

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Brenda E. Turner, Assistant Attorney General, for Michigan Department of Transportation.

Smith, Haughey, Rice & Roegge (by Craig R. Noland) for County Road Association of Michigan.


BOYLE, J.

The question presented is whether a governmental agency is immune from liability arising out of an accident involving a driver who drove through a red light near an elementary school and a ten-year-old student who had raced into the street. The student and his mother sued Wayne County on the theory that it was negligent because it failed to post school warning signs on that street. We hold that the trial court should have granted the defendant's motion for...

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