Order Michigan Supreme Court
Lansing, Michigan
October 28, 2011 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
141101(41) Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
CHARLES WILLIAMS, Brian K. Zahra,
Justices
Plaintiff-Appellee,
v SC: 141101
COA: 290255
Wayne CC: 08-014804-NO
CITY OF DETROIT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for peremptory reversal is considered, and it is
GRANTED. Pursuant to MCR 7.302(H)(1), in lieu of hearing oral argument on the
application, we REVERSE the February 25, 2010 judgment of the Court of Appeals, and
we REINSTATE the January 22, 2009 order of the Wayne Circuit Court granting
summary disposition to the defendant. The plaintiff was not injured on a sidewalk or a
trailway “on the highway” as required by MCL 691.1401(e) to avoid governmental
immunity. See Duffy v Michigan Dep’t of Natural Resources, 490 Mich 198, 202, 220-
221 (2011). Accordingly, the highway exception to governmental immunity does not
apply under the facts of this case, and the defendant is entitled to summary disposition.
MARILYN KELLY and HATHAWAY, JJ., would deny the motion for peremptory
reversal.
I, Corbin R. Davis, 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.
October 28, 2011 _________________________________________
d1025 Clerk