Order Michigan Supreme Court
Lansing, Michigan
October 4, 2006 Clifford W. Taylor,
Chief Justice
131303 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
JOSEPH P. URBIS and CATHY MUNOZ, Robert P. Young, Jr.
Personal Representatives of the Estate of Stephen J. Markman,
Justices
JESSICA LEE URBIS,
Plaintiff-Appellees,
v SC: 131303
COA: 266354
Court of Claims: 04-000186-MD
DEPARTMENT OF TRANSPORTATION,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 18, 2006
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
we REMAND this case to the Court of Claims for entry of an order granting the
defendant’s motion for summary disposition. The plaintiff’s claim is barred by
governmental immunity. The highway exception to governmental immunity does not
apply because the shoulder of a highway is not part of the “improved portion of the
highway designed for vehicular travel” for purposes of the highway exception to
governmental immunity, MCL 691.1402(1), and is not “designed for vehicular travel.”
Grimes v Dep’t of Transportation, 475 Mich 72, 73 (2006).
CAVANAGH and KELLY, JJ., would deny leave to appeal.
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 4, 2006 _________________________________________
s0927 Clerk