Wilson v. Alpena County Road Commission

713 N.W.2d 717, 474 Mich. 161
CourtMichigan Supreme Court
DecidedApril 26, 2006
DocketDocket 126951
StatusPublished
Cited by49 cases

This text of 713 N.W.2d 717 (Wilson v. Alpena County Road Commission) 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
Wilson v. Alpena County Road Commission, 713 N.W.2d 717, 474 Mich. 161 (Mich. 2006).

Opinions

TAYLOR, C. J.

In this case we are called on to determine under Michigan’s governmental immunity scheme what notice of a defect in a road the governmental agency responsible for road maintenance and repair [163]*163must have before it can be held liable for damage or injury incurred because of the defect. We conclude that MCL 691.1402 and 691.1403 require that the governmental agency be aware that the defect rises to the level that, if not repaired, it unreasonably endangers public travel. Thus, a plaintiff must allege that the governmental agency had actual or constructive notice of a defect in the roadbed that, because of the agency’s failure to reasonably maintain or repair, resulted in the road being not reasonably safe and convenient for public travel. Here, plaintiffs did so plead, but in their motions for summary disposition, both parties raised and briefed only the question whether reasonable repair and maintenance had been done. Neither they nor the trial court recognized that defendant does not just have a duty to “maintain the highway in reasonable repair” but to “maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel.” Therefore, we affirm the Court of Appeals decision that reversed the trial court’s grant of summary disposition for defendant.

i

On May 31, 1999, plaintiff Diane Wilson1 was riding her bicycle on Monaghan Point Road. According to her, she had to “snake” her way through the innumerable potholes in the road. She alleged that at some point as she was riding along, she suddenly felt her handlebars drop down and she was thrown over the handlebars onto the road. After this fall, she suffered frequent migraines and blackouts.

[164]*164Ms. Wilson sued the Alpena County Road Commission, which had jurisdiction over Monaghan Point Road. Her complaint alleged that the road had potholes in excess of six inches deep that had existed more than 30 days at the time of her accident and that defendant “failed to properly maintain Monaghan Pt. Rd. so as to be safe for vehicular travel.” She also argued that the road had for years been in a condition that was dangerous to public safety because it was persistently potholed and rutted and only full resurfacing could make it safe. Because full resurfacing had not been performed, she argued that the road commission had breached its duty under MCL 691.14022 to maintain and repair the road and thus was liable for her injuries.3

The road commission moved for summary disposition under MCR 2.116(C)(7), (C)(8), and (0(10), asserting that it was immune from suit because, among other reasons, it had no notice of a defective road that could constitute the notice that MCL 691.14034 requires before its immunity from suit is lost. In support of this, [165]*165it argued that potholes had been repaired by a road crew that “cold patched”5 the road two weeks before plaintiffs accident and that no complaints were received after the cold patching. Thus, because it lacked notice of any six-inch potholes, that defect could not be used to establish an exception to the road commission’s immunity from suit.6 Plaintiff responded by claiming that even if the road commission had cold patched without subsequent complaints, the deteriorated condition of the road itself should suffice to establish the required notice.

The trial court granted defendant’s motion on the basis of its conclusions that resurfacing was outside the scope of defendant’s duty, that defendant lacked notice of a defect, and that plaintiff had not sufficiently shown causation. On appeal, the Court of Appeals reversed in a published opinion,7 concluding that plaintiff sufficiently pleaded a cause of action, plaintiffs claim was within the exception to governmental immunity, and material questions of fact remained regarding notice and causation.

We granted leave to appeal, 472 Mich 899 (2005), directing the parties to include among the issues briefed “whether the plaintiffs sufficiently pleaded facts and [166]*166provided evidence sufficient to place their claim within the highway exception to governmental immunity, MCL 691.1402.”

ii

We review de novo the trial court’s grant of summary disposition. Chandler v Muskegon Co, 467 Mich 315, 319; 652 NW2d 224 (2002). A motion under MCR 2.116(0(10) tests the factual sufficiency of the complaint. Maiden v Rozwood, 461 Mich 109, 120; 597 NW2d 817 (1999). The trial court must consider the affidavits, pleadings, depositions, admissions, and other evidence submitted by the parties, MCR 2.116(G)(5), in the light most favorable to the party opposing the motion, Maiden, supra at 120, and if the proffered evidence fails to establish a genuine issue regarding any material fact, the moving party is entitled to judgment as a matter of law. MCR 2.116(0(10), (G)(4); Quinto v Cross & Peters Co, 451 Mich 358, 362-363; 547 NW2d 314 (1996).

Likewise, we review de novo an issue of statutory construction. Id. When interpreting statutory language, we are to ascertain the legislative intent that may reasonably be inferred from the words expressed in the statute. Id. Statutory exceptions to the immunity of governmental agencies are to be narrowly construed. Nawrocki v Macomb Co Rd Comm, 463 Mich 143, 158; 615 NW2d 702 (2000).

in

Two related provisions of the government tort liability act (GTLA) are relevant to our decision today. MCL 691.1402(1) states in relevant part:

[167]*167[E]ach governmental agency having jurisdiction over a highway shall maintain the highway in reasonable repair so 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.

MCL 691.1403 states:

No governmental agency is liable for injuries or damages caused by defective highways unless the governmental agency knew, or in the exercise of reasonable diligence should have known, of the existence of the defect and had a reasonable time to repair the defect before the injury took place. Knowledge of the defect and time to repair the same shall be conclusively presumed when the defect existed so as to be readily apparent to an ordinarily observant person for a period of 30 days or longer before the injury took place.

Thus, with regard to the governmental agency having jurisdiction over a highway, the Legislature has waived immunity from liability for bodily injury or property damage if the road has become, through lack of repair or maintenance, not reasonably safe for public travel. As we explained in Nawrocki, supra, MCL 691.1402(1) establishes the duty to maintain the highway in “reasonable repair.” The phrase “so that it is reasonably safe and convenient for public travel” simply refers to the duty to maintain and repair, and states the desired outcome of reasonably repairing and maintaining the highway; it does not establish a second duty to keep the highway “reasonably safe.” Nawrocki, supra at 160.

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Bluebook (online)
713 N.W.2d 717, 474 Mich. 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-alpena-county-road-commission-mich-2006.