Pate v. Department of Transportation

Plaintiff appeals as of right from an order of summary judgment granted in favor of defendant which dismissed plaintiffs claims.

Plaintiffs complaint alleges that he was injured as he was jogging along Washtenaw Avenue in Ypsilanti when he stepped on a stake which protruded approximately three to four inches out of the ground. He alleges that the stake was what remained of a traffic control sign which had been installed by defendant. He claims that defendant’s agents were negligent in removing the sign without also removing the entire signpost.

The trial court ruled that plaintiffs claim was…