Moraccini v. City of Sterling Heights
296 Mich. App. 387
| Mich. Ct. App. | 2012Background
- Sterling Heights appeals denial of summary disposition in a GTLA tort action for injuries to Moraccini on a city sidewalk.
- City asserted governmental immunity and argued defects were in a curb cutout of a county highway, not the sidewalk.
- The accident occurred on a sidewalk abutting a county road; the curb cutout was created in 1977 when sidewalk installed.
- Plaintiff alleged the city failed to keep the sidewalk in reasonable repair, causing injury from concrete defects.
- Court held MCL 691.1402a(l) and MCL 691.1402(1) govern liability where curb cutout is part of or adjacent to a county highway outside the vehicular portion; trial issues reserved for knowledge, proximate cause, and two-inch rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the curb cutout is a county-highway outside the improved portion | Moraccini: curb cutout part of sidewalk, within city duty | Sterling Heights: curb cutout not part of county highway improved portion | Yes; curb cutout qualifies as part of the sidewalk/installation under 691.1402a(l) |
| Whether the city is liable under 691.1402a(l) given knowledge and proximate cause requirements | Moraccini: city knew/should have known; proximate cause shown | Sterling Heights: knowledge, proximate cause, and two-inch rule unresolved at summary stage | Liability potentially attaches under 691.1402a(l) if 30-days knowledge and proximate-cause conditions are met; issues reserved for trial |
Key Cases Cited
- Listanski v Canton Twp, 452 Mich 678 (1996) (townships liable for sidewalks abutting county roads; legislative intent to treat towns similarly to cities)
- Meek v Dep’t of Transp, 240 Mich App 105 (2000) (curb may be an improved portion of highway under highway exception)
- Grimes v Dep’t of Transp, 475 Mich 72 (2006) (shoulders not vehicular-travel-design; only travel lanes subject to repair duty)
- Sharp v Benton Harbor, 292 Mich App 351 (2011) (curb can be within highway definition; curb framing part of road abutting city street)
- Robinson v City of Lansing, 486 Mich 1 (2010) (municipal duty to maintain sidewalks; 691.1402(1) applies to municipalities, not state/county roads)
- Hatch v Grand Haven Twp, 461 Mich 457 (2000) (definitions of sidewalk and pedestrian path; supports pedestrian-use interpretation)
- Hanson v Mecosta Co Rd Comm’rs, 465 Mich 492 (2002) (highway exception does not include duty to correct original highway design defects)
- Carr v City of Lansing, 259 Mich App 376 (2003) (jurisdiction over highway required for highway-exception liability; only one agency may have jurisdiction)