Endykiewicz v. State Highway Commission

In this case, we are asked to decide whether the state is liable to a decedent’s personal representative under the wrongful death act for damages for loss of companionship and society in an action which alleges that the state has breached its duty to maintain a highway so that it is reasonably safe for public travel. We hold that the state is liable for such damages, if proved. Accordingly, we reverse the trial court’s grant of defendant’s motion for summary judgment with regard to plaintiff’s claim for damages for loss of companionship and society.

I

On July 13, 1973, plaintiff’s decedent,…