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CHANEY v. TRANSPORTATION DEP'T

Docket No. 96282, (Calendar No. 9).

447 Mich. 145 (1994)

523 N.W.2d 762

CHANEY v. DEPARTMENT OF TRANSPORTATION

Supreme Court of Michigan.

Decided August 31, 1994.

Attorney(s) appearing for the Case

Gittleman, Paskel, Tashman & Blumberg, P.C. (by Clifford Paskel); Bendure & Thomas, of counsel (by Mark R. Bendure and Sidney A. Klingler), for the plaintiff.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Brenda E. Turner, Assistant Attorney General, for the defendant.

Amicus Curiae:

Robert A. Koory and Elizabeth A. Givens for Michigan Trial Lawyers Association.

BRICKLEY, J.

This case asks us to decide whether the highway exception to governmental immunity1 encompasses a concrete bridge abutment and adjoining guardrail adjacent to, but beyond the shoulder of, a state trunk line entrance ramp and overpass. The Court of Appeals relied upon our plurality opinion in Scheurman v Dep't of Transportation, 434 Mich. 619; 456 N.W.2d 66

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