ANDREW JEAN RIDLEY V CITY OF DETROIT

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STATE OF MICHIGAN COURT OF APPEALS ANDREW JEAN RIDLEY, Personal Representative of the Estate of JEFFREY RIDLEY, Deceased, FOR PUBLICATION July 17, 2001 9:05 a.m. Plaintiff-Appellee, v No. 194350 Wayne Circuit Court LC No. 93-318129-NI CITY OF DETROIT, DEPARTMENT OF PUBLIC LIGHTING, Defendant-Appellant, ON REMAND and GUYANNE C. COLLINS, Updated Copy September 28, 2001 Defendant. Before: Sawyer, P.J., and Murphy and Doctoroff, JJ. SAWYER, P.J. (concurring in part and dissenting in part). I agree with the majority to the extent that they conclude that the Supreme Court's decision in Evens v Shiawassee Co Rd Comm'rs, 463 Mich 143; 615 NW2d 702 (2000), does not affect this case because Evens dealt with state and county liability whereas this case involves a municipality. However, I write separately to state that I continue to believe that this matter was incorrectly decided originally and that I continue to adhere to the views expressed in my original dissent. Ridley v Detroit, 231 Mich App 381, 390; 590 NW2d 69 (1998) (Sawyer, P.J., dissenting). Accordingly, I urge the Supreme Court to take this case up on the merits and reverse. /s/ David H. Sawyer -1-

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