|Case Forum:||Michigan Supreme Court|
|Keywords:||Governmental Tort Liability Act (GTLA), highway immunity, highway|
Carson J. Tucker (P62209)
1. Michigan Municipal League Property & Liability Pool (MML Pool);
The state’s duty to repair and maintain highways “extends only to the improved portion of the highway designed for vehicular travel”. The defect in the parallel parking area at issue in this case (between the curb and the edge of the parallel parking area) is not within the improved portion of the highway designed for vehicular travel. The trial court should always consider the question of a government entity’s immunity from suit at the outset of a claim to ensure the jurisdictional limits of the courts over actions against the government.
Michigan Supreme Court:
|MSC requested LDF amicus brief?||Yes|
On July 31, 2011, Yono allegedly injured her ankle while stepping into a pothole or crumbled asphalt near M-22 in Suttons Bay. She then filed a notice of intent in the Court of Claims and averred that the alleged highway defect was located “at the edge of the roadway of the east side of M-22, abutting the concrete gutter and curb,” which she described as being “on the improved portion of M-22 . . . designed for vehicular travel.” On November 7, 2011, Yono filed suit in the Court of Claims, relying on the “highway exception” to governmental immunity, MCL 691.1402, as the basis for MDOT’s liability.