Stevenson v. City of Detroit

I must respectfully dissent from the majority opinion. I would find that the trial court properly held, based on longstanding precedent, that the “berm” was a natural extension of the sidewalk and, therefore, fell within the definition of “highway” provided in MCL 691.1401(e). I would, therefore, affirm the trial court’s denial of defendant city of Detroit’s motion for summary disposition.

In Nawrocki v Macomb Co Rd Comm,1 the Michigan Supreme Court noted the “return to a narrow construction of the highway exception predicated upon a close examination of the statute’s plain language ... .”2…