Pick v Szymczak

Because I do not believe that the majority’s conclusion is faithful to the language *633and purpose of the highway exception to the governmental immunity statute, I respectfully dissent. Consistent with this Court’s ruling in Scheurman v Transportation Dep’t, 434 Mich 619; 456 NW2d 66 (1990), I would hold that the highway exception, MCL 691.1402; MSA 3.996(102), does not expose the state or a county to liability for alleged defects that arise outside the improved portion of the highway designed for vehicular travel. Plaintiffs argue on appeal that the Gratiot County Road Commission failed to…