Bernardoni v. City of Saginaw

Memorandum Opinion.

At issue is whether for purposes of the “highway exception” to governmental immunity from tort claims, MCL 691.1402, plaintiffs photographs of a sidewalk defect taken about 30 days after plaintiffs accident are sufficient evidence to establish a genuine issue of material fact regarding whether the defect existed at least 30 days before the accident. We conclude that such evidence alone is not probative of a sidewalk’s past condition and is thus insufficient, without more, to forestall summary disposition. Consequently we reverse the Court of Appeals judgment and reinstate…