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GRIMES v. MICH. DEPT. OF TRANSP.

Docket No. 127901. Calendar No. 1.

715 N.W.2d 275 (2006)

475 Mich. 72

Michael GRIMES and Tamara Grimes, Plaintiffs-Appellees, v. MICHIGAN DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Supreme Court of Michigan.

Decided May 31, 2006.

Attorney(s) appearing for the Case

G.W. Caravas & Associates, P.C. (by Gary W. Caravas), Clinton Township, for the plaintiffs.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Vincent J. Leone, Assistant Attorney General, Lansing, for the defendant.

Opinion

YOUNG, J.

We granted leave to appeal to consider whether the shoulder is part of the "improved portion of the highway designed for vehicular travel" for the purpose of the highway exception to governmental immunity. We conclude that a shoulder is not within the exception because it is not "designed for vehicular travel."

In reaching this conclusion, we overrule the holding in our earlier decision in Gregg v. State Hwy. Dep't. that...

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