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Court holds that three-inch fault in road doesn't make it no longer [reasonably fit for [pedestrian] travel"

The Court of Appeals summarily dismissed a case brought by Barbara Kozak after she tripped over a three-inch vertical fault in the road while house-shopping in Lincoln Park.  She documented the fault with photographs, presented the evidence of a nearby resident who confirmed its long-standing nature, and also pointed out that a 2" fault in the sidewalk is presumed to be unsafe. 

Nevertheless, the Court upheld the summary disposition of Kozak's claim because she didn't counter a City engineer's claim that the road was "reasonably safe."  Judge Beckering wrote a stinging dissent to the opinion signed by Judge Saad, pointing out that the self-serving claims of the City engineer merely created a question of fact for jurors--not a dispositive presumption.  Apparently, the judge missed the Michigan memo:  injury victims lose; corporations, insurers and governments should not be accountable--even if a statute says otherwise.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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