RENNY v. DEPT. OF TRANSP.

Docket No. 131086.

734 N.W.2d 518 (2007)

Karen RENNY and Charles Renny, Plaintiffs-Appellees, v. MICHIGAN DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Supreme Court of Michigan.

July 11, 2007.


Attorney(s) appearing for the Case

Robert Charles Davis, Macomb, for the plaintiffs.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Patrick F. Isom and Harold J. Martin, Assistant Attorneys General, Escanaba, for the defendant.

Plunkett & Cooney, P.C. (by Mary Massaron Ross and Hilary A. Dullinger), Detroit, for amici curiae Michigan Municipal League, Michigan Municipal League Liability and Property Pool, and the Michigan Townships Association.


YOUNG, J.

In this case we consider whether a "design defect" claim is cognizable under the public building exception to governmental immunity, MCL 691.1406. The plain language of the public building exception imposes a duty only to "repair and maintain" a public building. In the absence of any additional language addressing design defects, we hold that the public building exception to governmental immunity does not permit a cause of action premised upon an alleged...

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