Yono v. Department of Transportation

ON REMAND

M. J. Kelly, J.

This case returns to us on remand from our Supreme Court to consider two issues: “(1) *675what standard a court should apply in determining as a matter of law whether a portion of highway was ‘designed for vehicular travel,’ as used in MCL 691.1402(1); and (2) whether the plaintiff has pled sufficient facts to create a genuine issue of material fact under this standard.” Yono v Dep’t of Transp, 495 Mich 982, 983 (2014). In accordance with these instructions, we explain the procedure for evaluating a motion under MCR 2.116(C)(7). We also discuss the minimum requirements for…