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City is not immune from liability for defective curb cut

Antonio Moraccini was thrown from his motorized tricycle when it struck an irregular concrete curb cut between the sidewalk and a city street.  The City claimed it should be immune from Moraccini's injury suit because it argued that the so-called Engler Majority on Michigan's Supreme Court had issued an opinion that excluded curbs and other structures from a municipality's statutory obligation to maintain reasonably safe roads and sidewalks. 

The trial court rejected the Defendant's argument for summary disposition and the City appealed.  The Appellate Court held that the curb cut was either an "extension of the sidewalk" or an "installation" within the highway, and therefore the City was not entitled to immunity.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262