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SEBRING v. CITY OF BERKLEY

Docket No. 217274.

637 N.W.2d 552 (2001)

247 Mich. App. 666

Wendy Alice SEBRING, Plaintiff-Appellant, v. CITY OF BERKLEY and Oakland County Road Commission, Defendants-Appellees.

Court of Appeals of Michigan.

Decided October 2, 2001, at 9:00 a.m.

Released for Publication December 28, 2001.

Attorney(s) appearing for the Case

James McKenna, St. Clair Shores, for the plaintiff.

O'Connor, DeGrazia & Tamm, P.C., (by Julie McCann O'Connor and James I. DeGrazia), Bloomfield Hills, for the city of Berkley.

Potter, Carniak, Anderson & DeAgostino, (by Steven M. Potter and Rick J. Patterson), Auburn Hills, for Oakland County Road Commission.

Before: DOCTOROFF, P.J., and HOLBROOK, Jr., and HOEKSTRA, JJ.

HOLBROOK, Jr., J.

Plaintiff appeals as of right from the trial court's order granting summary disposition in favor of defendants city of Berkley and Oakland County Road Commission pursuant to MCR 2.116(C)(7) on the basis of governmental immunity. The court rejected plaintiff's argument that the highway exception to governmental immunity was applicable to either defendant. We affirm in part and reverse in part.

Plaintiff...

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