McMillan v. State Highway Commission

Plaintiffs appeal by leave granted an order by the 52-4 District Court granting defendant Detroit Edison Company’s motion for sum mary judgment, GCR 1963, 117.2(1), and from a subsequent circuit court order affirming that judgment.

Facts are derived from the pleadings and from a settled statement of facts. On the wintry night of January 10, 1976, plaintiff Tamara McMillan was a passenger in an automobile traveling south on Woodward Avenue in the City of Royal Oak. At some point between the intersections of Woodward with 13 Mile and 14 Mile Roads, the vehicle was struck by a hit-and-run driver.…