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WILSON v. ALPENA CTY. RD. COMM.

Docket No. 243357.

687 N.W.2d 380 (2004)

263 Mich. App. 141

Diane WILSON and Paul Wilson, Plaintiffs-Appellants, v. ALPENA COUNTY ROAD COMMISSION, Defendant-Appellee.

Court of Appeals of Michigan.

Decided July 22, 2004, at 9:00 a.m.

Released for Publication September 29, 2004.

Attorney(s) appearing for the Case

Nelson, Petruska & Hart, P.C. (by Eugene H. Petruska), Gaylord, for the plaintiffs.

Andrew W. Prine, P.C. (by Andrew W. Prine), Saginaw, for the defendant.

Before: WHITBECK, C.J., and GRIFFIN and BORRELLO, JJ.

BORRELLO, J.

Plaintiffs1 appeal by right from the trial court's order granting summary disposition to defendant after it found that plaintiffs were alleging a dangerous or defective road design that was outside the scope of defendant's duty, and that a punctured tire, rather than a pothole, could have caused plaintiff's injuries. Because plaintiffs did not allege defective design and because the court made findings of fact by dismissing...

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