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HALIW v. CITY OF STERLING HEIGHTS

Docket No. 115686, Calendar No. 10.

627 N.W.2d 581 (2001)

464 Mich. 297

Valeria HALIW and Ilko Haliw, Plaintiffs-Appellees, v. The CITY OF STERLING HEIGHTS, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 12, 2001.

Attorney(s) appearing for the Case

Haliw, Siciliano & Mychalowych, P.L.C. (by Raymond L. Feul), Farmington Hills, for the plaintiffs-appellees.

O'Reilly, Rancilio, Nitz, Andrews, Turnbull & Scott, P.C. (by Bert T. Ross), Sterling Heights, for the defendant-appellant.

Amicus Curiae: Johnson, Rosati, Labarge, Aseltyne & Field, P.C. (by Marcia L. Howe), Farmington Hills, for Michigan Municipal Risk Management Authority.

Plunkett & Cooney, P.C. (by Christine D. Oldani and Mary Massaron Ross), Detroit, for Michigan Municipal League Liability and Property Pool.

Opinion

MARKMAN, J.

We granted defendant city of Sterling Heights' application for leave to appeal in this case to decide the proper application of the "natural accumulation" doctrine to municipal liability. Because we conclude that the natural accumulation of ice or snow on the sidewalk at issue does not give rise to an actionable breach of defendant's duty, and the claimed depression in the sidewalk was not...

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