Gregg v. State Highway Department

We decide in this case whether the highway exception to governmental immunity1 ex*309poses the defendants to liability for injuries suffered by a cyclist because of a defect in a designated bicycle path on the inner portion of the paved shoulder of a state highway. The Court of Appeals relied on our decision in Roy v Dep’t of Transportation, 428 Mich 330; 408 NW2d 783 (1987), to affirm summary disposition in the defendant’s favor. We hold that governmental immunity does not bar the cause of action set forth in the plaintiffs’ complaint and reverse the decision of the Court of Appeals.

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The…