Roux v. Department of Transportation

Plaintiff appeals as of right from a February 2, 1987, order granting defendant’s motion for summary disposition pursuant to MCR 2.116(C)(8) and dismissing plaintiff’s complaint. We reverse.

On or about July 10, 1978, plaintiff was riding a bicycle on the shoulder of Telegraph Road in Dearborn Heights. Plaintiff allegedly hit a rock, hole, rut or other "defective area” in the shoulder which caused plaintiff to lose control of the bicycle and collide with a garbage truck.

Plaintiff instituted the instant negligence action against defendant claiming that defendant failed to properly maintain,…