Chaney v. Department of Transportation

This case asks us to decide whether the highway exception to governmental immunity1 encompasses a concrete bridge abutment and adjoining guardrail adjacent to, but beyond the shoulder of, a state trunk line entrance ramp and overpass. The Court of Appeals relied upon our plurality opinion in Scheurman v Dep’t of Transportation, 434 Mich 619; 456 NW2d 66 (1990), to reverse the Court of Claims denial of defendant’s motion for summary disposition. While we agree with the result reached by the Court of Appeals, we do not fully endorse its rationale. 198 Mich *152App 728; 499 NW2d 29 (1993). We hold…