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No. 131086
| Karen Renny and Charles Renny, |
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Robert Charles Davis |
Plaintiffs-Appellees, |
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(Appeal from Ct of Appeals) |
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(Court of Claims - Baumgartner, M.) |
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| Department of Transportation, |
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Harold J. Martin |
| Defendant-Appellant. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiffs-Appellees' Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Michigan Municipal League, Michigan Municipal League Liability and Property Pool, and the
Michigan Townships Association's Amici Curiae Brief>>
Background
Karen Renny was injured when she slipped on ice in front of the entrance door of a restroom building at a county freeway rest stop. The rest area attendant testified that the restroom building’s roof was not adequately insulated, which caused snow and ice on the roof to melt and drip. The ice melt would then freeze when it hit the sidewalk. Documentation in the case also established that the lack of gutters and downspouts to direct the melting snow from the entrance area may have contributed to the problem. Renny and her husband sued the Michigan Department of Transportation (MDOT) in the Court of Claims, alleging that the dangerous condition that injured Renny fell within the public building exception to governmental immunity, MCL 691.1406. As a general matter, a government agency is immune from suit when engaging in a government function, unless the activity falls within one of several statutory exceptions to the governmental immunity act. The public building exception imposes a duty on a government agency to maintain safe public buildings. MDOT moved to dismiss the case. MDOT argued that public building design defects are not covered by the public building exception, and that government agencies are not liable for dangerous or defective conditions outside their buildings. The trial judge granted MDOT’s motion, agreeing that the public building exception to governmental immunity did not apply to the plaintiffs’ claim because Renny had slipped on a sidewalk outside of the restroom building. The plaintiffs appealed, and the Court of Appeals reversed in a published per curiam opinion and remanded the case for trial. The appeals court reasoned that Renny’s injuries could be considered to have arisen from a defective condition – the lack of roof insulation and downspouts and gutters – that was “of the building itself.” MDOT appeals.
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