Wilson v. Alpena County Road Commission

Plaintiffs 1 appeal by right from the trial court’s order granting summary disposition to defendant after it found that plaintiffs were alleging a dangerous or defective road design that was outside the scope of defendant’s duty, and that a punctured tire, rather than a pothole, could have caused plaintiffs injuries. Because plaintiffs did not allege defective design and because the court made findings of fact by dismissing the case on the ground that a punctured tire rather than a pothole could have caused plaintiff Diane Wilson’s bicycle accident, we reverse and remand.

Plaintiff contends…