Wilson v. Alpena County Road Commission

In this case we are called on to determine under Michigan’s governmental immunity scheme what notice of a defect in a road the governmental agency responsible for road maintenance and repair *163must have before it can be held liable for damage or injury incurred because of the defect. We conclude that MCL 691.1402 and 691.1403 require that the governmental agency be aware that the defect rises to the level that, if not repaired, it unreasonably endangers public travel. Thus, a plaintiff must allege that the governmental agency had actual or constructive notice of a defect in the roadbed that,…