VICTOR J BARTOLO V CITY OF DETROIT

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STATE OF MICHIGAN COURT OF APPEALS VICTOR J. BARTOLO, UNPUBLISHED June 22, 2004 Plaintiff-Appellant, v No. 244571 Wayne Circuit Court LC No. 00-009360-NO CITY OF DETROIT, Defendants-Appellee. Before: Saad, P.J., and Talbot and Borrello, JJ. BORRELLO, J. (concurring in part and dissenting in part). I respectfully dissent from the majority opinion in this matter because the trial court properly found that the pathway in question a sidewalk, stating: And I’m finding as a matter of law that it was not a ramp. He was not on a ramp in any of these pictures. So if he’s not on the State of Michigan’s ramp, he is on the City of Detroit’s sidewalk and access to the City of Detroit parking garage . . . . [(emphasis added).] Contrary to the findings of the majority, I find that the pathway in question fits the definition of a sidewalk, as that term was defined by this Court in Stabley v Huron-Clinton Metropolitan Park Authority, 228 Mich App 363; 579 NW2d 374 (1988). The pathway is located in the right of way on the Lodge Freeway to specifically accommodate pedestrians as a sidewalk. Accordingly, I would reverse the trial court’s order of summary disposition in this case and remand the matter to the trial court.1 /s/ Stephen L. Borrello 1 I concur with the majority’s conclusion that the trial court improperly focused on the property rights to the walkway. -1-

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