West v. Livingston County Road Commission

Plaintiffs appeal as of right from a jury verdict of no cause of action in their claim against defendant pursuant to MCL 691.1402; MSA 3.996(102).

Plaintiffs initially claim that the trial court erred by continually referring to their claim as one grounded in negligence. They claim that the statutory duty created by MCL 691.1402; MSA 3.996(102) is separate and distinct from negligence. We disagree.

In Palomba v East Detroit, 112 Mich App 209, 214-215; 315 NW2d 898 (1982), we held:

"There are two exceptions to the governmental immunity statute involved in our consideration here. First, the…