McIntosh v. Department of Transportation

This matter is before us on remand from our Supreme Court for reconsideration of our previous determination that plaintiffs’ claims against defendant fell within the highway exception to governmental immunity. 463 Mich 899 (2000). We are to reconsider our previous decision in light of Evens v Shiawassee Co Rd Comm’rs, 463 Mich 143; 615 NW2d 702 (2000). In Evens, our Supreme Court overruled Pick v Szymczak, 451 Mich 607; 548 NW2d 603 (1996). In our previous opinion, we relied on the Pick decision in determining that plaintiffs’ claims fell within the highway exception to governmental immunity.…