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So-called "two-inch rule" applied to sidewalk adjoining highway

In Robinson v. City of Lansing,  the plaintiff sued after falling on a sidewalk adjacent to a state trunkline.  The City attempted to raise the presumption that the sidewalk was "reasonably safe for public travel" based on statutory language holding that a defect of less than two inches is not unsafe.  While the trial court held that this presumption is applicable only to sidewalks adjacent to county highways, in accordance with MCL 691.1402a(2), the appellate court disagreed.  The higher court ruled that while the previous section of the latter statute expressly applies only to county highways, the remainder of the statute could be applied to all public roadways.  Therefore a defect of less than two inches in height was presumed to be safe, although an injury victim could rebut this presumption with adequate proof.

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