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McMILLAN v. STATE HWY. COMM.

Docket No. 73474, (Calendar No. 8).

426 Mich. 46 (1986)

393 N.W.2d 332

McMILLAN v. STATE HIGHWAY COMMISSION

Supreme Court of Michigan.

Decided September 16, 1986.

Attorney(s) appearing for the Case

William L. Fisher (Goodman, Eden, Millender & Bedrosian, by Robert A. Koory, of counsel) for the plaintiffs.

Leon S. Cohan and Michael D. Gladstone for defendant The Detroit Edison Company.

Amicus Curiae:

Richard M. Goodman, P.C. (by Susan E. Lister), Portner & Stine, P.C. (by Arnold D. Portner), and Mark R. Granzotto for Michigan Trial Lawyers Association.

CAVANAGH, J.

The lower courts ruled, as a matter of law, that Detroit Edison owed no duty of reasonable care to an occupant of a vehicle which leaves the traveled portion of the highway and strikes a utility pole located on the median. We reverse.

On January 10, 1976, plaintiff Tamara McMillan1 was a passenger in an automobile traveling south on Woodward Avenue in the City of Royal Oak...

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