Trial judge reversed and summary disposition granted to City

Royce Holmes' claim against the City of Detroit was summarily dismissed by the Court of Appeals, after the trial judge had refused to grant the City immunity on a summary basis. Holmes claimed he stubbed a foot on a grassy berm, but actually fell because he struck an exposed sidewalk while stumbling backward.  He claimed that the sidewalk was defective and therefore fell within an exclusion from governmental immunity; the City claimed that because he actually tripped on a grassy berm between the sidewalk and street, the City was immune from any negligence. 

The Court of Appeals agreed with the City that Holmes' fall was caused by the berm and not by a defective sidewalk.  it held that Holmes' evidence did not demonstrate any defect in the sidewalk for which the City could be legally responsible; it did not need to be flush with the adjacent berm to constitute a reasonably safe walkway.