 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Nawrocki v. Macomb County Road Commission7/28/2000
Chief Justice Elizabeth A. Weaver
BEFORE THE ENTIRE BENCH
i. introduction
In these consolidated cases, we granted leave to once again consider the scope of the so-called "highway exception" to governmental immunity. MCL 691.1402(1); MSA 3.996(102)(1). Specifically, we must decide the extent, if any, to which the highway exception accords protection to pedestrians injured by a condition within the improved portion of the highway designed for vehicular travel. Further, we must decide whether the highway exception creates a duty, with regard to the state and county road commissions, to install, maintain, repair, or improve traffic control devices, including traffic signs.
In Ross v Consumers Power (On Rehearing), 420 Mich 567; 363 NW2d 641 (1984), this Court confronted and resolved conflicting case law defining the scope of governmental immunity. The Ross Court explained its goals in tackling the issue, and its approach, stating:
In resolving the questions presented by this [governmental immunity] act, our goal has been to create a cohesive, uniform, and workable set of rules which will readily define the injured party's rights and the governmental agency's liability. We recognize that our case law on these questions is confused, often irreconcilable, and of little guidance to the bench and bar. We have made great efforts to re-examine our prior collective and individual views on this subject in order to formulate an approach which is faithful to the statutory language and legislative intent. Wherever possible and necessary, we have reaffirmed our prior decisions. The consensus which our efforts produce today should not be viewed as this Court's individual or collective determinations of what would be most fair or just or the best public policy. The consensus does reflect, however, what we believe the Legislature intended the law to be in this area. [Id. at 596.]
Ross, constituting a significant change in governmental immunity jurisprudence , held that the immunity conferred on governmental agencies is broad, with narrowly drawn exceptions. Id. at 618. The failure to consistently follow Ross, specifically with regard to the interpretation and application of the highway exception, has precipitated an exhausting line of confusing and contradictory decisions. These decisions have created a rule of law that is virtually impenetrable, even to the most experienced judges and legal practitioners. Further, these conflicting decisions have provided precedent that both parties in highway liability cases may cite as authority for their opposing positions. This area of the law cries out for clarification, which we attempt to provide today.
Accordingly, we return to a narrow construction of the highway exception predicated upon a close examination of the statute's plain language, rather than merely attempting to add still another layer of judicial gloss to those interpretations of the statute previously issued by this Court and the Court of Appeals. We believe that such an approach will maintain fidelity to the requirements set forth by the Legislature, while providing the lower courts with a clearer standard to follow when applying the highway exception in individual cases. However, we refuse to impose upon the people of this state our individual determinations of proper public policy, relating to the availability of lawsuits arising from injuries on the public highways. Rather, we seek to faithfully construe and apply those stated public policy choices made by the Legislature when it drafted the statutory language of the highway exception.
Because prior decisions of this Court have improperly broadened the scop
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Michigan Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|