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BERNARDONI v. CITY OF SAGINAW

Docket No. 152097.

886 N.W.2d 109 (2016)

499 Mich. 470

BERNARDONI v. CITY OF SAGINAW.

Supreme Court of Michigan.

July 5, 2016.

Attorney(s) appearing for the Case

Brett Meyer and Gregory W. Mair for the city of Saginaw.

MEMORANDUM OPINION

At issue is whether for purposes of the "highway exception" to governmental immunity from tort claims, MCL 691.1402, plaintiffs photographs of a sidewalk defect taken about 30 days after plaintiff's accident are sufficient evidence to establish a genuine issue of material fact regarding whether the defect existed at least 30 days before the accident. We conclude that such evidence alone is not probative of a sidewalk's past condition...

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