Johnson-McIntosh v. City of Detroit

Pursuant to MCR 7.215(J), this Court convened a special panel to resolve the conflict between the prior opinion in this case1 and Marchyok v City of *320Ann Arbor, 260 Mich App 684; 679 NW2d 703 (2004). These cases involve the interpretation of MCL 691.1402(1), the highway exception to governmental immunity, and MCL 691.1402a, which concerns a municipality’s duty with regard to county highways. In Marchyok, supra at 691, the Court found that a municipality is immune from liability under the highway exception for injuries caused by defective traffic control devices. The original Johnson-McIntosh…