Zyskowski v. Habelmann

This case returns to us on remand and involves an interpretation of MCL 691.1402; MSA 3.996(102), one of the exceptions to governmental immunity to tort liability. Plaintiff appealed a trial court denial of his request for a jury instruction to the effect that the "maintenance of the highway includes maintenance of lighting along the highway.” We previously concluded that the county had the duty to repair and maintain the street lighting in this case because the illumination constituted part of the "improved portion of the highway designed for vehicular travel.” Zyskowski v Habelmann, 150…