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WILSON v. ALPENA COUNTY ROAD COM'N

Docket No. 126951. Calendar No. 5.

713 N.W.2d 717 (2006)

474 Mich. 161

Diane WILSON and Paul Wilson, Plaintiffs-Appellees, v. ALPENA COUNTY ROAD COMMISSION, Defendant-Appellant.

Supreme Court of Michigan.

Decided April 26, 2006.

Attorney(s) appearing for the Case

Nelson, Petruska, Atkinson & Hart, P.C. (by Linda M. Atkinson and Eugene H. Petruska), Gaylord, and Patrick & Kwiatkowski, P.L.L.C. (by Aaron J. Gauthier), Cheboygan, for the plaintiffs.

Smith Haughey Rice & Roegge (by Jon D. Vander Ploeg), Grand Rapids, for the defendant.

TAYLOR, C.J.

In this case we are called on to determine under Michigan's governmental immunity scheme what notice of a defect in a road the governmental agency responsible for road maintenance and repair must have before it can be held liable for damage or injury incurred because of the defect. We conclude that MCL 691.1402 and 691.1403 require that the governmental agency be aware that the defect rises to the level that, if not repaired, it unreasonably endangers...

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