Yono v. Department of Transportation

829 N.W.2d 249, 299 Mich. App. 102
CourtMichigan Court of Appeals
DecidedDecember 20, 2012
DocketDocket No. 308968
StatusPublished
Cited by5 cases

This text of 829 N.W.2d 249 (Yono v. Department of Transportation) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yono v. Department of Transportation, 829 N.W.2d 249, 299 Mich. App. 102 (Mich. Ct. App. 2012).

Opinions

M. J. KELLY, J.

In this suit involving a trip and fall, defendant, the Department of Transportation (Depart[104]*104ment), appeals by right the trial court’s order denying the Department’s motion to dismiss plaintiff Helen Yono’s claim on the basis that it was barred by governmental immunity. See MCR 7.202(6)(a)(v). On appeal, the Department’s sole issue is whether the trial court erred when it determined that Yono’s fall occurred on a highway as defined under the highway exception to governmental immunity. See MCL 691.1402(1). Because we conclude that the trial court did not err, we affirm.

I. BASIC FACTS

In July 2011, Yono drove with her daughter to Suttons Bay, Michigan to shop. Yono parked in a parallel parking spot along M-22, which is otherwise known as St. Joseph Street within Suttons Bay, across the street from the business she wished to patronize. She went to the business, and after she discovered that the business was closed, she crossed back to her car. As she was nearing the sidewalk next to her car, Yono stepped into a depression, rolled her ankle, and fell. She suffered a broken ankle along with other injuries.

Yono sued the Department in November 2011 for damages arising from her injuries. In her complaint, Yono alleged that under MCL 691.1402(1), the Department had a duty to keep M-22 in reasonable repair, breached that duty, and proximately caused her injuries.

The Department moved for summary disposition later that same month. In its motion, the Department argued that it was entitled to have Yono’s complaint dismissed under MCR 2.116(C)(7) because it was immune from liability. The Department agreed that it had a duty to maintain the “improved portion of the highway designed for vehicular travel,” see MCL 691.1402(1), but contended that the only area of the highway that was designed for vehicular travel was that portion that its expert witness [105]*105identified as the “travel lanes.” The Department’s expert opined that the travel lanes were the first 11 feet on either side of the highway’s center line. Stated another way, the Department took the position that it only had a duty to maintain the centermost 22 feet of the highway because that was the portion that was commonly used as a thoroughfare. Because the area where Yono fell was for parallel parking and not for travel, the Department maintained that it could not be hable for any defects within that area under MCL 691.1402(1). Accordingly, it asked the trial court to dismiss Yono’s claim on that basis.

In response, Yono argued that the highway at issue extended from curb to curb and that the parallel parking lanes are designed for vehicular travel. Yono attached an affidavit from her own expert to support her contention. Yono’s expert explained that the “entire paved surface consists of travel lanes designed for vehicular travel.” These lanes, he explained, are given different labels to identify their location and purpose, but all the lanes are still for travel. Indeed, he noted that motorists may lawfully use a parking lane to merge into a through lane from a parked position and may enter an unoccupied parking lane in an approach to make a right turn. Yono also noted that the facts of her case closely matched those in Nawrocki v Macomb Co Rd Comm, 463 Mich 143; 615 NW2d 702 (2000), in which our Supreme Court held that the governmental entity in that case was not entitled to immunity even though the plaintiff fell near the edge of the highway where she had parked.

The trial court examined the photographs and determined that the portion of the highway designated for parallel parking was designed for vehicular travel within the meaning of MCL 691.1402(1) because it was clear that cars “have to travel on that to park.” The [106]*106court also noted that the parallel parking lane was not a shoulder and not intended for emergencies alone. Because the parallel parking lanes were for travel, the Department had a duty to keep that portion of the highway in reasonable repair under MCL 691.1402(1) and, accordingly, was not entitled to immunity. For that reason, the trial court entered an order denying the Department’s motion in February 2012.

The Department then appealed in this Court.

II. THE HIGHWAY EXCEPTION

A. STANDARDS OF REVIEW

On appeal, the Department argues that the trial court should have dismissed Yono’s claim under MCR 2.116(C)(7) because it was immune to suit and the highway exception to that immunity did not apply to the defect at issue. This Court reviews de novo a trial court’s decision on a motion for summary disposition. Barnard Mfg Co, Inc v Gates Performance Engineering, Inc, 285 Mich App 362, 369; 775 NW2d 618 (2009). This Court also reviews de novo the proper interpretation and application of statutes such as the highway exception to governmental immunity. Ford Motor Co v City of Woodhaven, 475 Mich 425, 438; 716 NW2d 247 (2006).

B. DESIGNED FOR VEHICULAR TRAVEL

The Department is generally immune from tort liability when engaged in the exercise or discharge of a governmental function, such as constructing and maintaining a highway. MCL 691.1401(f); MCL 691.1407(1). Our Legislature has, however, established an exception to this immunity for those governmental agencies that have jurisdiction over a highway. In pertinent part, MCL 691.1402(1) provides:

[107]*107A 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.

But because the Legislature’s grant of immunity is broad and the exceptions are limited, our Supreme Court has held that the exceptions — including the highway exception — must be narrowly construed. Nawrocki, 463 Mich at 158-159.

A governmental agency’s duty — and, accordingly, its potential for liability — does not extend to the whole highway; rather, the Legislature provided that “the duty of [a governmental agency] to repair and maintain highways, and the liability for that duty, extends only to the improved portion of the highway designed for vehicular travel. . . .” MCL 691.1402(1). And, consistently with its holding that the exception must be narrowly construed, our Supreme Court has determined that the statutory reference to the “improved portion designed for vehicular travel” limits the governmental agency’s duty on the basis of the “location of the alleged dangerous or defective condition; if the condition is not located in the actual roadbed designed for vehicular travel, the narrowly drawn highway exception is inapplicable and liability does not attach.” Nawrocki, 463 Mich at 162. The Court clarified that the improved portion designed for vehicular travel encompasses only the “ ‘traveled portion, paved or unpaved, of the roadbed actually designed for public vehicular travel.’ ” Id. at 180, quoting Scheurman v Dep’t of Transp, 434 Mich 619, 631; 456 NW2d 66 (1990). Accordingly, a plaintiff “making a claim of inadequate signage, like a plaintiff making a claim of inadequate street lighting or vegetation obstruction, fails to plead [108]

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Related

Yono v. Department of Transportation
885 N.W.2d 445 (Michigan Supreme Court, 2016)
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Michigan Court of Appeals, 2015
Yono v. Department of Transportation
858 N.W.2d 128 (Michigan Court of Appeals, 2014)

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Bluebook (online)
829 N.W.2d 249, 299 Mich. App. 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yono-v-department-of-transportation-michctapp-2012.