Supreme Court Remands for Court of Appeals to Reconsider “Parallel Parking” Highway Defect Case

Amicus Curious

Attached is an order issued today, April 1, 2014, in the case of Yono v. Dep’t of Transportation.146603, by the Supreme Court.

This is the case in which the Plaintiff alleged a highway defect under the exception to governmental immunity found in MCL 691.1402(1), for injuries incurred when she slipped and fell in an alleged defect on the surface of a parallel parking area adjacent to highway M-22 in Sutton’s Bay.

I wrote an amicus curiae brief for Wayne, Oakland and Macomb counties in support of the state’s Application for Leave to Appeal, and then a supplemental amicus brief after oral argument was granted on the application to urge the Court to grant, reverse the Court of Appeals decision, which was in favor of the plaintiff, or to grant other relief as necessary.

The Court remands the case to the Court of Appeals for it to consider (1) “what standard…

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