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WEAKLEY v. CITY OF DEARBORN HEIGHTS

Docket No. 212008.

612 N.W.2d 428 (2000)

240 Mich. App. 382

Terrence M. WEAKLEY, Plaintiff-Appellant, v. CITY OF DEARBORN HEIGHTS, Darron Duncan, and Rosemary Duncan, Defendants-Appellees.

Court of Appeals of Michigan.

Decided March 28, 2000, at 9:10 a.m.

Released for Publication June 22, 2000.

Attorney(s) appearing for the Case

Thomas A. Herzog, Union Lake, for Terrence M. Weakley.

Kitch, Drutchas, Wagner & Kenney, P.C. (by Linda M. Garbarino and Michael J. Watza), Detroit, for city of Dearborn Heights.

Becker, Lanctot, McCutcheon, Schoolmaster, Taylor & Hom (by Onjel L. Benson), Detroit, (John A. Lydick, of Counsel), Detroit, for Darron and Rosemary Duncan.

Before: BANDSTRA, C.J., and HOLBROOK, JR., and FITZGERALD, JJ.

FITZGERALD, J.

Plaintiff appeals as of right an order granting summary disposition in favor of defendants pursuant to MCR 2.116(C)(10). We affirm in part and reverse in part.

Plaintiff tripped and fell on a removed portion of a public sidewalk maintained by defendant city of Dearborn Heights and adjacent to property owned by defendants Darron and Rosemary Duncan. The city had removed the entire section of the sidewalk for the purpose of repair, but did not...

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