Duffy v. Department of Natural Resources

805 N.W.2d 399, 490 Mich. 198
CourtMichigan Supreme Court
DecidedJuly 30, 2011
DocketDocket 140937
StatusPublished
Cited by39 cases

This text of 805 N.W.2d 399 (Duffy v. Department of Natural Resources) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duffy v. Department of Natural Resources, 805 N.W.2d 399, 490 Mich. 198 (Mich. 2011).

Opinions

MARKMAN, J.

Plaintiff, Beverly Duffy, was injured while riding an off-road vehicle on what is commonly known as the Little Manistee Trail (“the Trail”). The state of Michigan owns the Trail, and the Department of Natural Resources (DNR) maintains it. Plaintiff sued both entities, and throughout this litigation has set forth various theories to avoid the grant of governmental immunity provided to defendants in the governmental tort liability act (GTLA), MCL 691.1401 et seq. In the lower courts, she argued that defendants had a duty to maintain the Trail in reasonable repair pursuant to what is generally referred to as the ‘highway exception’ to governmental immunity because the Trail is a “trail-way” that falls within the statutory definition of “highway.” See MCL 691.1401(e); MCL 691.1402(1). In this Court, plaintiff now contends that we should conclude that the Trail is either a “forest road” or a “road” for purposes of the GTLA and that defendants therefore have a duty to maintain this “road” pursuant to the highway exception.

Therefore, this case requires us to determine whether the Little Manistee Trail is a “highway” for the purposes of governmental immunity because the state only has a duty to maintain the Trail in reasonable repair pursuant to the highway exception if it is, in fact, a “highway” under MCL 691.1401(e). We note that this is a question of first impression in the particular context of this case. For although Michigan courts are familiar with the highway exception to governmental [202]*202immunity; we are unaware of any case in which a person who has been injured while riding an off-road vehicle on a state trail has claimed that the trail constitutes a “highway” for purposes of the highway exception.

We conclude that the Trail is not a “highway” under MCL 691.1401(e). The Trail is properly classified as a “trailway” within the distinct meaning of that word in Michigan’s statutory law, and this “trailway” — which is miles away from any highway — is not within the scope of the highway exception because it is not a “trail-way ... on the highway.” Id. Furthermore, because the Legislature determined that only trailways on the highway are deemed highways, and because this Trail therefore is clearly not a highway, we refuse plaintiffs invitation to avoid the statute and make the Trail into a highway by calling it a road. In summary, all roads, forest roads, trails, trailways, and highways in this case lead to the conclusion that plaintiffs claim is barred by governmental immunity. Accordingly, we affirm the judgment of the Court of Appeals.

I. PACTS AND HISTORY

Plaintiff, together with her husband and friends, were riding off-road vehicles (ORVs) on the Little Manistee Trail, located in Lake County. Just as plaintiff was about to negotiate a left turn, she ran over some exposed wooden boards that had been partially buried. This caused her ORV to bounce into the air, throwing plaintiff against nearby tree trunks and resulting in serious spinal injuries.

The Trail serves mixed uses, and the DNR has designated it variously as an “ORV route,” an “ORV trail,” and a “snowmobile trail.” Plaintiff was injured on the portion of the Trail designated as an “ORV route,” which signifies that any licensed motor vehicle [203]*203can operate on that part of the Trail. The Trail is part of a comprehensive system of recreational trailways, which by statute the DNR is obligated to maintain and manage for off-road vehicles. See MCL 324.81123. The state funds the ORV Trail Improvement Fund through the state treasury, and the DNR is authorized to provide grants to local units of government, nonprofit agencies, and individuals to maintain this system of trails, routes, and forest roads. The Little Manistee Trail is maintained by the Irons Area Tourist Association, a nonprofit corporation.

Plaintiff sued defendants on the basis of the highway exception to governmental immunity.1 Defendants moved for summary disposition, arguing that the Trail is not a “highway” and, as a result, that they had no duty to maintain it in reasonable repair pursuant to the highway exception. The trial court denied this motion, ruling that the Trail fits within the definition of a “highway” in MCL 691.1401(e), which specifically includes “trailways.” According to the trial court, “there is no dispute that the Little Manistee is a trailway,” and it proceeded to hold that defendants were not exempt from the duty to maintain the Trail. The Court of Appeals reversed. Duffy v Dep’t of Natural Resources, unpublished opinion per curiam of the Court of Appeals, issued March 9, 2010 (Docket No. 289644). The Court of Appeals agreed with the trial court that the Trail is properly classified as a “trailway” and falls within the definition of “highway” in MCL 691.1401(e). According to the Court of Appeals, “[t]here can be no [204]*204real dispute that this is a trailway...Id. at 3. However, the panel concluded that the limited liability granted to the state in MCL 691.1402(1) applies to all trailways. As a result, it ruled that the highway exception did not apply to plaintiffs suit. Plaintiff then filed an application for leave to appeal, which this Court granted. Duffy v Dep’t of Natural Resources, 488 Mich 861 (2010).

II. STANDARD OF REVIEW

This Court reviews de novo a trial court’s decision on a motion for summary disposition. Ostroth v Warren Regency, GP, LLC, 474 Mich 36, 40; 709 NW2d 589 (2006). Matters of statutory interpretation are also reviewed de novo. Id.

III. HIGHWAY EXCEPTION TO GOVERNMENTAL IMMUNITY

The GTLA shields a governmental agency from tort liability “if the governmental agency is engaged in the exercise or discharge of a governmental function.”2 MCL 691.1407(1). The existence and scope of governmental immunity was solely a creation of the courts until the Legislature enacted the GTLA in 1964, which codified several exceptions to governmental immunity that permit a plaintiff to pursue a claim against a governmental agency. This case concerns the highway exception to governmental immunity, MCL 691.1402(1), which provides in relevant part:

[E]aeh governmental agency having jurisdiction over a highway shall maintain the highway in reasonable repair [205]*205so that it is reasonably safe and convenient for public travel. A person who sustains bodily injury or damage to his or her property by reason of failure of a governmental agency to keep a highway under its jurisdiction in reasonable repair and in a condition reasonably safe and fit for travel may recover the damages suffered by him or her from the governmental agency. The liability, procedure, and remedy as to county roads under the jurisdiction of a county road commission shall be as provided in [MCL 224.21]. The duty of the state and the county road commissions to repair and maintain highways, and the liability for that duty, extends only to the improved portion of the highway designed for vehicular travel and does not include sidewalks, trailways, crosswalks, or any other installation outside of the improved portion of the highway designed for vehicular travel.

The reference to “trailways” in the fourth and final sentence was added by 1999 PA 205. The GTLA further provides in MCL 691.1401(e) its own definition of “highway,” which states that

[as] used in this act:

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Cite This Page — Counsel Stack

Bluebook (online)
805 N.W.2d 399, 490 Mich. 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duffy-v-department-of-natural-resources-mich-2011.