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Court holds if road can be traveled at any speed, regardless of condition, Road Commission is immune

Judge Henry Saad and two other Court of Appeals Judges affirmed the summary disposition of Annah Ferguson's claim against the Oakland County Road Commission.  Ferguson argued that Pine Know Road was in such poor condition that it was unsafe for vehicle travel.  Four separate complaints were lodged with the Road Commission between March 2 and March 5, and Ferguson was hurt when she lost control of her car on March 7.  Her testimony and the experts' testimony placed her speed at somewhere between 25 and 45 miles per hour; well below the 55 mile per hour speed limit.

Nevertheless, the trial judge decided that the collision was caused solely by Ferguson traveling at an "unsafe speed for conditions" and ruled that the Road Commission was not in violation of its duty to maintain the road in a a condition "reasonably safe for public travel."  The Court of Appeals agreed that the Road Commission had fulfilled its statutory duty, regardless of how fast Ferguson was traveling, since there was some slow speed at which she could have negotiated the admittedly treacherous road surface.

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