Killeen v. Department of Transportation

Plaintiff appeals from a summary judgment rendered by the Court of Claims on the basis that the defendant was immune from suit.

Plaintiffs decedent died as a result of injuries he sustained on November 4, 1980, when his motor vehicle crossed the center line of Ballenger Highway in Genesee County and rolled down an embankment. Asserting a claim of negligent design and construction, the complaint alleged that in 1968 and 1969, in connection with the construction of the 1-69 and 1-75 interchange in Genesee County, the state assumed jurisdiction of the highway and that the "superelevation” of that…