Grimes v. Department of Transportation

The issue presented is whether the shoulder of the road is part of the “improved portion of the highway designed for vehicular travel” for purposes of the highway exception to governmental immunity. MCL 691.1402(1). Unlike the majority, I would reaffirm this Court’s holding in Gregg v State Hwy Dep’t,1 and hold that a shoulder is “designed for vehicular travel.” Therefore, I would affirm the decision of the Court of Appeals.

STANDARD OF REVIEW

The trial court denied defendant’s motion for summary disposition. We review such rulings de novo. Maiden v Rozwood, 461 Mich 109, 118; 597 NW2d 817…