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MITCHELL v. CITY OF DETROIT

Docket No. 247074.

689 N.W.2d 239 (2004)

264 Mich. App. 37

Lisa MITCHELL, Individually and as Next Friend of Lavale Stevenson, a Minor, Plaintiff-Appellee, v. CITY OF DETROIT, Defendant-Appellant.

Court of Appeals of Michigan.

Decided October 5, 2004, at 9:10 a.m.

Released for Publication November 22, 2004.

Attorney(s) appearing for the Case

Posner, Posner & Posner (by Samuel Posner), Detroit, for the plaintiff.

Ruth C. Carter, Corporation Counsel, and Joanne D. Stafford, Assistant Corporation Counsel, Detroit, for the defendant.

Before: JANSEN, P.J., and METER and COOPER, JJ.

METER, J.

Defendant appeals as of right from an order denying it summary disposition in this negligence action involving an alleged injury that occurred on a "berm" — a strip of land between a public road and a sidewalk.1 Defendant argues that the trial court erred in holding that a berm is included in the definition of "highway" in M.C.L. § 691.1401(e) and that, accordingly, the highway exception to governmental immunity applies...

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