Duffy v. Department of Natural Resources

Plaintiff, Beverly Duffy, was injured while riding an off-road vehicle on what is commonly known as the Little Manistee Trail (“the Trail”). The state of Michigan owns the Trail, and the Department of Natural Resources (DNR) maintains it. Plaintiff sued both entities, and throughout this litigation has set forth various theories to avoid the grant of governmental immunity provided to defendants in the governmental tort liability act (GTLA), MCL 691.1401 et seq. In the lower courts, she argued that defendants had a duty to maintain the Trail in reasonable repair pursuant to what is generally…