Detroit Bank & Trust Co. v. Department of State Highways

This is an appeal of right from an award of the Court of Claims based upon the claims of negligence and nuisance on the part of the State of Michigan through its Department of State Highways. The award, which is not relevant to the issues of negligence, nuisance, contributory negligence or proximate cause, was $944,068.35. No issue as to its excessiveness is raised.

Death was virtually instantaneous. It was caused by the end of a guardrail penetrating decedent’s car which in turn caused the decedent to be partially ejected from the vehicle. The guardrail is located in the strip separating a…