Estate of Buckner v. City of Lansing

I dissent from the order reversing the Court of Appeals judgment affirming the trial court’s denial of summary disposition for the defendant, the city of Lansing. Because both lower courts properly concluded that a question of fact exists regarding whether the city created an unnatural accumulation of snow and ice, the plaintiffs should be permitted to present that question of fact to a jury.

The majority of four (Chief Justice Taylor and Justices Corrigan, Young, and Markman) has now decided that, despite the statutory mandate requiring governmental entities to maintain highways (including…