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Homeowner injured in front of her house cannot sue because road was closed to the public

Edith Lobsinger claimed she was injured in front of her home in the City of Wayne.  She attempted to sue the City, claiming that construction efforts of the City and its contractor caused her injury.  The City pointed out that Lobsinger's side of the divided road was closed to through-traffic for construction and argued that as a result, the City owed Lobsinger no duty for which it was not immune.  The trial court rejected this argument because the road remained open in one direction. 

On appeal, the court dismissed Lobsinger's claim because limited access to her side of the road exempted the City from any statutory to maintain a safe roadway and left it immune from suit.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262