Suttles v. Department of Transportation

In these combined cases, we granted leave to determine whether the highway exception to governmental immunity applies to accidents involving pedestrians. MCL 691.1402(1); MSA 3.996(102)(1). In Sutiles, the Court of Appeals affirmed the trial court’s grant of defendant’s motion for summary disposition. 216 Mich App 166; 548 NW2d 671 (1996). In Brown, the Court of Appeals, by peremptory order, reversed the trial court’s denial of defendant’s motion for summary disposition. Because the factual record in Suttles is unclear, we would remand the case with instructions to the trial court. We would…