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HANSON v. BOARD OF COUNTY ROAD COM'RS

Docket Nos. 117176, 117973.

638 N.W.2d 396 (2002)

465 Mich. 492

Lucia J. HANSON, Individually and as Personal Representative of the Estate of Nels Thomas Hanson, Deceased, Plaintiff-Appellee, v. BOARD OF COUNTY ROAD COMMISIONERS OF the COUNTY OF MCOSTA, a Municipal Corporation, Defendant-Appellant, and Dallas Joseph Sullivan, Defendant. Lucia J. Hanson, Individually and as Personal Representative of the Estate of Nels Thomas Hanson, Deceased, Plaintiff-Appellant, v. Board of County Road Commissioners of the County of Mecosta, a Municipal Corporation, Defendant-Appellee, and Dallas Joseph Sullivan, Defendant.

Supreme Court of Michigan.

January 3, 2002.

Attorney(s) appearing for the Case

Ray Kent, Grand Rapids, and Sidley & Austin, (by Thomas F. Ryan), Chicago, IL, for the plaintiff-appellant.

Smith, Haughey, Rice & Roegge, P.C, (by Jon D. Vander Ploeg), Grand Rapids, for the defendant-appellee Mecosta County Board of County Road Commissioners.

Garan, Lucow, Miller & Seward, P.C, (by John W. Sharp), Traverse City, for defendant Sullivan.

Opinion

PER CURIAM.

The plaintiff's decedent died as a result of a motor vehicle accident on a road under the jurisdiction of defendant Mecosta County Board of Road Commissioners. Plaintiff sued both the other driver and the road commission, contending that the accident was caused in part by the defective condition of the roadway, and that this claim was within the highway exception to the governmental immunity statute. MCL 691.1402(1). Among other things...

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