Endykiewicz v. State Highway Commission

Plaintiff appeals by leave granted from a July 12, 1977, order granting defendant partial summary judgment. The Court of Claims ruled that the statute allowing suit for negligent maintenance of highways, MCL 691.1402; MSA 3.996(102), did not grant the right to sue for derivative damages.

Thomas Endykiewicz was killed when another automobile jumped the center guardrail on the Southfield freeway in Detroit and struck his vehicle head-on. He is survived by his wife, Wilma Jean, and two minor children.

On July 11, 1975, Wilma Jean Endykiewicz, as administratrix of her deceased husband’s estate,…