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MOSER v. CITY OF DETROIT

Docket No. 283922.

772 N.W.2d 823 (2009)

284 Mich. App. 536

MOSER v. CITY OF DETROIT.

Court of Appeals of Michigan.

Decided June 23, 2009, at 9:00 a.m.

Attorney(s) appearing for the Case

Fieger, Fieger, Kenney, Johnson & Giroux, P.C. (by Ven R. Johnson and Heather A. Jefferson), Southfield, for Robert S. Moser, II.

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, and Ronald W. Emery, Assistant Attorney General, for the Department of Transportation.

Before: WILDER, P.J., and METER and SERVITTO, JJ.

SERVITTO, J.

Defendant Michigan Department of Transportation appeals as of right the circuit court's order denying its motion for summary disposition. Because the fascia of the bridge is a part of the improved portion of the highway designed for vehicular travel, we affirm.

Plaintiff was injured when a chunk of concrete fell from the fascia of an overpass (the Cass Avenue Bridge) and crashed through his windshield as he drove on I-75 below Cass Avenue. Although...

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