Lenawee County Road Commission v. Department of Transportation
Lenawee County Road Commission v. Department of Transportation
Opinion of the Court
Plaintiffs appeal as of right from a grant of summary judgment on their complaint against the state in the Court of Claims. We affirm.
Alice Painter and Wanda Broad were injured when the automobile they occupied was struck by a truck owned by the Lenawee County Road Commission. They sued the commission in circuit court. The commission and its insurer sought contribution from the state in a Court of Claims action. They alleged that the accident had been caused by the negligent design of the intersection at which it occurred. The state was required to maintain the intersection in reasonable repair by the terms of MCL 691.1402; MSA 3.996(102).
In granting defendant’s motion for summary judgment, the trial judge ruled that an action for contribution did not come within the exception to governmental immunity stated in MCL 691.1402; MSA 3.996(102).
We adopt the reasoning used by the Court in Sziber, supra. We will not expand the scope of the exceptions to governmental immunity beyond the classes clearly covered by the language of the Legislature. Although this result may seem unfair, the same argument may be made about the results in many cases in which the government’s immunity is invoked. The design of a more equitable system is, however, for the Legislature.
Affirmed.
"Each governmental agency having jurisdiction over any highway shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel. Any person sustaining bodily injury or damage to his property by reason of failure of any governmental agency to keep any highway under its jurisdiction in reasonable repair, and in condition reasonably safe and fit for travel,
Reference
- Full Case Name
- LENAWEE COUNTY ROAD COMMISSION v. DEPARTMENT OF TRANSPORTATION
- Cited By
- 1 case
- Status
- Published