Carney v. Department of Transportation

Following a bench trial, the Court of Claims entered a judgment of no cause of action on plaintiffs claims of negligent highway design, MCL 691.1402; MSA 3.996(102), and intentional nuisance. Plaintiff appeals as of right. We affirm.

Plaintiff was traveling northward on US-23 when her vehicle veered to the right onto the east shoulder. Plaintiff overadjusted the car leftward to the centerline. She then overcorrected to the right and struck the guardrail to the east of the highway. The car traveled along or possibly on top of the guardrail until it reached an opening where a private driveway…