MORACCINI v. STERLING HEIGHTS

Docket No. 301678.

822 N.W.2d 799 (2012)

296 Mich. App. 387

MORACCINI v. CITY OF STERLING HEIGHTS.

Court of Appeals of Michigan.

Decided May 1, 2012, at 9:00 a.m.


Attorney(s) appearing for the Case

Ishbia & Gagleard, P.C. (by Michael A. Gagleard , Birmingham, and Michelle S. Toma ), for Antonio Moraccini.

O'Reilly Rancilio P.C. (by Lauren DuVal Donofrio ), for the city of Sterling Heights.

Before: MURPHY, C.J., and HOEKSTRA and MURRAY, JJ.


MURPHY, C.J.

Defendant, the city of Sterling Heights, appeals as of right an order denying its motion for summary disposition in this tort liability action concerning an injury sustained by Antonio Moraccini that was allegedly caused by defects in a city sidewalk. The city, asserted governmental immunity as an affirmative defense and argued that the alleged defects pertained to a highway curb, not a sidewalk, which therefore fell within the jurisdiction of the county...

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