Listanski v. Canton Charter Township

(dissenting).I respectfully dissent.

The opinion of the majority would establish that *360as a matter of public policy, the public highways for use by pedestrians may be left in such a state of disrepair so as to be hazardous to public health, safety, and welfare. The Legislature has carved out a statutory exception to governmental immunity for the public use of its highways. Therein the Legislature defined highways to include sidewalks, MCL 691.1401(e); MSA 3.996(101)(e). Obviously,' in so doing, the Legislature considered the health, safety, and welfare of pedestrians as important as the health,…