Stevenson v. City of Detroit

Defendant appeals as of right from an order denying it summary disposition in this negligence action involving an alleged injury that occurred on a “berm” — a strip of land between a public road and a sidewalk.1 Defendant argues that the trial court erred in holding that a berm is included in the definition of *39“highway” in MCL 691.1401(e) and that, accordingly, the highway exception to governmental immunity applies to this case. Defendant argues that a berm is not in fact considered part of a highway, that the highway exception to governmental immunity does not apply to this case, and that it…