Trial lawyers specializing in personal injury and civil litigation
Court reads statute to grant immunity for all "trailways"
Beverly Duffy sued the Department of Natural Resources and the State, alleging that she was hurt as a result of the Defendants' failure to maintain the Little Manistee Trail in a condition that was "reasonably safe for public travel." The trial court allowed her claim to go forward against the State, however, the Court of Appeals reversed. The three-judge panel concluded that a "trailway" is undisputedly a "highway" under the statutory language, but then eliminated any liability for unsafe trailways by holding that liability is limited to "the improved portion of the highway [trailway] designed for vehicular travel."