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SUTTLES v. STATE DEPT. OF TRANSP.

Docket Nos. 106119, 106359, Calendar Nos. 10-11.

578 N.W.2d 295 (1998)

Rex SUTTLES, Individually and as Personal Representative of the Estate of Pansy Suttles, deceased Plaintiff-Appellant, v. STATE of Michigan, DEPARTMENT OF TRANSPORTATION, Defendant-Appellee. Kathy BROWN, as Next Friend for Abby DeRusha, a minor, Plaintiff-Appellant, v. STATE of Michigan, DEPARTMENT OF TRANSPORTATION, Defendant-Appellee. and City of Harbor Springs, Defendant.

Supreme Court of Michigan.

Decided June 9, 1998.

Attorney(s) appearing for the Case

Blum, Konheim & Elkin, P.C. by Joshua A. Lerner and David J. Elkin, Southfield, for plaintiff-appellant in Suttles.

Gruel, Mills, Nims & Pylman, L.L.P. by Scott R. Melton and Brion J. Brooks, Grand Rapids, for plaintiff-appellant in Brown.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Brenda E. Turner and Harold J. Martin, Assistant Attorneys General, Escanaba, for defendant.

Opinion

MALLETT, Chief Justice.

In these combined cases, we granted leave to determine whether the highway exception to governmental immunity applies to accidents involving pedestrians. M.C.L. § 691.1402(1); M.S.A. § 3.996(102)(1). In Suttles, the Court of Appeals affirmed the trial court's grant of defendant's motion for summary disposition. 216 Mich.App. 166, 548 N.W.2d 671

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