Categories: Michigan Supreme Court Opinions

WILLIAMS v. CITY OF DETROIT, 141101 (Mich. 10-28-2011)

CHARLES WILLIAMS, Plaintiff-Appellee, v. CITY OF DETROIT, Defendant-Appellant.

No. 141101 (41).Supreme Court of Michigan.
October 28, 2011.

Order

SC: 141101, COA: 290255, Wayne CC: 08-014804-NO

On order of the Court, the motion for peremptory reversal is considered, and it is GRANTED. Pursuant to MCR 7.302(H)(1), in lieu of hearing oral argument on the application, we REVERSE the February 25, 2010 judgment of the Court of Appeals, and we REINSTATE the January 22, 2009 order of the Wayne Circuit Court granting summary disposition to the defendant. The plaintiff was not injured on a sidewalk or a trailway “on the highway” as required by MCL 691.1401(e) to avoid governmental immunity. See Duffy v Michigan Dep’t of Natural Resources, 490 Mich 198, 202, 220-221 (2011). Accordingly, the highway exception to governmental immunity does not apply under the facts of this case, and the defendant is entitled to summary disposition.

MARILYN KELLY and HATHAWAY, JJ., would deny the motion for peremptory reversal.

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