Ovist v. City of Hancock

Plaintiffs sued the defendant for injuries plaintiff Robert Ovist received while repairing a portion of US-41 highway in the City of Hancock which had caved in due to a broken water line. The trial court granted the defendant a summary judgment based upon governmental immunity under MCL 691.1407; MSA 3.996(107) and MCL 250.61; MSA 9.901. Plaintiffs were granted leave to file a delayed appeal to this Court.

Plaintiffs first argue that the summary judgment was improper because they had pled facts showing the existence of a nuisance, which is an exception to governmental immunity. The nuisance…