NAWROCKI v. MACOMB COUNTY ROAD COM'N

Docket Nos. 107903, 109921, Calendar Nos. 8, 9.

615 N.W.2d 702 (2000)

463 Mich. 143

Rachel NAWROCKI and Lawrence Nawrocki, Plaintiffs-Appellants, v. MACOMB COUNTY ROAD COMMISSION, Defendant-Appellee. Brian Evens, Plaintiff-Appellee, v. Shiawassee County Road Commissioners, Defendants-Appellants.

Supreme Court of Michigan.

Decided July 28, 2000.


Attorney(s) appearing for the Case

Berger, Miller & Strager, P.C. (by Allen S. Miller), Detroit, for plaintiffs-appellants in Nawrocki.

Miller, Shpiece & Andrews, P.C. (by Wayne J. Miller, Michael R. Shpiece, and Daniel J. Cherrin), Southfield, for plaintiff-appellee in Evens.

Peterson, Hay & Comsa, P.C. (by John M. Ketzler and William L. Hay), Mount Clemens, for defendant-appellee in Nawrocki.

Highland & Zanetti, P.C. (by R. Michael John), Southfield, for defendant-appellant in Evens.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Brenda E. Turner, Assistant Attorney General, Lansing, for amicus curiae, Michigan Department of Transportation.


Opinion

MARKMAN, J.

I. INTRODUCTION

In these consolidated cases, we granted leave to once again consider the scope of the so-called "highway exception" to governmental immunity. MCL 691.1402(1); MSA 3.996(102)(1). Specifically, we must decide the extent, if any, to which the highway exception accords protection to pedestrians injured by a condition within the improved portion of the highway designed...

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