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LaMEAU v. ROYAL OAK

Docket Nos. 290059, 292006.

796 N.W.2d 106 (2010)

289 Mich. App. 153

LaMEAU v. City of ROYAL OAK.

Court of Appeals of Michigan.

Decided July 13, 2010, at 9:00 a.m.

Attorney(s) appearing for the Case

Wigod, Falzon, McNeely & Unwin, P.C. (by Lawrence C. Falzon and Kevin A. McNeely ), Southfield, for Thomas LaMeau.

Johnson, Rosati, LaBarge, Aseltyne & Field, P.C. (by Marcia L. Howe and Michael E. Rosati ), Farmington Hills, for the city of Royal Oak, Elden Danielson, and Bryan Warju.

Before: TALBOT, P.J., and FITZGERALD and M.J. KELLY, JJ.

M.J. KELLY, J.

In this suit to recover damages for wrongful death allegedly caused by a defective sidewalk, defendants city of Royal Oak, Elden Danielson, and Bryan Warju appeal as of right the trial court's denial of their motions for summary disposition premised on governmental immunity. Because the trial court correctly determined that Royal Oak, Danielson, and Warju were not entitled to governmental immunity, we affirm.

I. BASIC FACTS AND PROCEDURAL HISTORY...

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