Cooke Contracting Co. v. Department of State Highways

(concurring in the result of Adams, J.). I concur in Judge Adams’ results. However, I do not adopt the rule he proposes. The rule set forth in Oak Construction Co v Department of State Highways, 33 Mich App 561; 190 NW2d 296 (1971), expresses weighty policy considerations. We should not reject that rule because of potential inaction and manipulation. Those problems can be resolved by available precedent as they confront us.

I disagree with Judge Fitzgerald that Oak applies to these facts. Plaintiff’s inferences often are not fairly drawn from the exhibits on which he relies. For example,…