Supreme Court: City has Governmental Immunity from Claim for Fall of River Walkway |
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In the case of Williams v Detroit, the plaintiff fell on a paved walkway and injured his ankle. The walkway is immediately next to the St. Clair River in Detroit, and it runs parallel to Jefferson Avenue, but is separated from the avenue by a wide field and wire fence. The plaintiff brought suit, alleging the highway exception to governmental immunity. In response, the City argued that this river trail does not meet the statutory definition of highway, which is "a public highway, road, or street that is open for public travel and includes bridges, sidewalks, trailways, crosswalks, and culverts on the highway." After the trial court granted summary disposition to the City, the plaintiff argued on appeal that, under this definition, the term "on the highway" only pertained to "culverts" and it did not matter that the river trail was not adjacent to the highway. The Court of Appeals agreed, and the City appealed to the Supreme Court. In an Order dated October 28, 2011, the Supreme Court reversed the Court of Appeals, and reinstated summary disposition for the City, stating that the "plaintiff was not injured on a sidewalk or trailway 'on the highway' as required by MCL 691.1401(e) to avoid governmental immunity." |
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