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ROBINSON v. CITY OF LANSING

Docket No. 138669.

782 N.W.2d 171 (2010)

486 Mich. 1

Barbara A. ROBINSON, Plaintiff-Appellant, v. CITY OF LANSING, Defendant-Appellee.

Supreme Court of Michigan.

April 8, 2010.

Attorney(s) appearing for the Case

Sinas, Dramis, Brake, Boughton & McIntyre, P.C. (by Michael E. Larkin and Steven A. Hicks), Lansing, for plaintiff.

Plunkett Cooney (by Christine D. Oldani, Detroit, and David K. Otis), East Lansing, for defendant.

Garan Lucow Miller, P.C., Ann Arbor, (by Rosalind Rochkind), Detroit, for amici curiae the Michigan Municipal League and the Michigan Municipal League and Property Pool.

Opinion

MARKMAN, J.

At issue here is whether the two-inch rule of MCL 691.1402a(2), which provides that a discontinuity defect of less than two inches in a sidewalk creates a rebuttable inference that the municipality maintained the sidewalk in reasonable repair, applies to sidewalks adjacent to state highways, as with the sidewalk at issue here, or only to sidewalks adjacent to county highways. The trial court concluded that the rule only applies to sidewalks...

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