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JOHNSON-McINTOSH v. CITY OF DETROIT

Docket No. 244349.

701 N.W.2d 179 (2005)

266 Mich. App. 318

Denise JOHNSON-McINTOSH and Alvin McIntosh, as Next Friends of Daesha Johnson, a Minor, Plaintiffs-Appellees, v. CITY OF DETROIT, Defendant-Appellant, and Tommy Nathan McGee, Jr., and Tommy Nathan McGee III, Defendants.

Court of Appeals of Michigan.

Decided May 5, 2005, at 9:25 a.m.

Released for Publication July 26, 2005.

Attorney(s) appearing for the Case

Theophilus E. Clemons, Southfield, for the plaintiff.

Ruth C. Carter, Corporation Counsel, and Joanne D. Stafford, Supervising Assistant Corporation Counsel, Detroit, for the city of Detroit.

Before: OWENS, P.J., and SAAD, BANDSTRA, SMOLENSKI, METER, DONOFRIO, and FORT HOOD, JJ.

DONOFRIO, J.

Pursuant to MCR 7.215(J), this Court convened a special panel to resolve the conflict between the prior opinion in this case1 and Marchyok v. Ann Arbor, 260 Mich.App. 684, 679 N.W.2d 703 (2004). These cases involve the interpretation of MCL 691.1402(1), the highway exception to governmental immunity, and MCL 691.1402a, which concerns a municipality...

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