Order Michigan Supreme Court
Lansing, Michigan
June 10, 2015 Robert P. Young, Jr.,
Chief Justice
150364 Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
HELEN YONO, Richard H. Bernstein,
Plaintiff-Appellee, Justices
v SC: 150364
COA: 308968
Ct of Claims: 11-000117-MD
DEPARTMENT OF TRANSPORTATION,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 23, 2014
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether a vehicle engages in “travel” under
MCL 691.1402(1) when it parks in, including pulls into and out of, a lane of a highway
designated for parking; (2) whether the defendant presented evidence of the design of the
highway at issue which, if left unrebutted, would establish that the plaintiff fell in an area
of the highway not “designed for vehicular travel” under MCL 691.1402(1); (3) if so,
whether the plaintiff produced evidence establishing a question of fact regarding the
defendant’s entitlement to immunity under MCL 691.1402(1); and (4) whether questions
of fact on a motion for summary disposition involving governmental immunity under
MCR 2.116(C)(7) must be resolved by the trial court at a hearing or submitted to a jury,
see Dextrom v Wexford County, 287 Mich App 406, 430-433 (2010); Kincaid v Cardwell,
300 Mich App 513, 523 (2013).
The Michigan County Road Commission Self-Insurance Pool, the County Road
Association of Michigan, the Michigan Municipal League, and the Michigan Townships
Association are invited to file briefs amicus curiae. Other persons or groups interested in
the determination of the issues presented in this case may move the Court for permission
to file briefs amicus curiae.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 10, 2015
t0603
Clerk