"Crumbling" curb is part of the highway subject to limits on immunity
Jeanette Sharp sued the City of Benton Harbor after a curb crumbled beneath her foot, leading to injury. The City argued that it was immune from suit because the curb was not part of the roadway which it was required to maintain in a "reasonably safe" manner. The Court of Appeals agreed with the trial court that under prior decisions of the Court, the curb "frames" the roadway and is part of the "highway" as defined by statute. Therefore, if Sharp can prove that the City knew of the deteriorating condition of the curb and failed to act, and that the curb was unsafe and caused her injuries, the City will be responsible for damages.