NANCY DEMINK V CITY OF DETROITAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
June 12, 1998
Wayne Circuit Court
LC No. 96-614344 NO
CITY OF DETROIT,
Before: Wahls, P.J., and Jansen and Gage, JJ.
Plaintiff appeals as of right from the summary dismissal of her negligence action on the ground
that the action is barred by governmental immunity. MCR 2.116(C)(7). We affirm. This case is being
decided without oral argument pursuant to MCR 7.214(E).
We have reviewed the pleadings together with all the documentary evidence submitted in a light
most favorable to plaintiff, Brown v Genesee Co Bd of Comm’rs, 222 Mich App 363, 364-365; 564
NW2d 125 (1997), and we conclude that neither plaintiff’s complaint nor the documentation supplied
the trial court establishes that the driveway apron upon which plaintiff fell served a broader function
consistent with the usage of a highway traveled by the public, MCL 691.1401(e); MSA 3.996(101)(e);
Ward v Frank’s Nursery & Crafts, Inc, 186 Mich App 120, 126; 463 NW2d 442 (1990).
Accordingly, the driveway apron connected to a private driveway does not constitute a “public
highway” for purposes of the defective highway exception to governmental immunity. MCL
691.1401(e); MSA 3.996(101)(e); MSA 691.1402(1); MSA 3.996(102)(1); Richardson v Warren
Consolidated School Dst, 197 Mich App 697, 704-705; 496 NW2d 380 (1992). Plaintiff may not
expand the statutory definition of a public highway for purposes of an application of the defective
highway exception by relying on the definition of the term “highway” found in the Detroit City Code.
Scheurman v Dep’t of Transportation, 434 Mich 619, 630; 456 NW2d 66 (1990); Stabley v
Huron-Clinton Metropolitan Park Authority, ___ Mich App ___; ___ NW2d ___ (1998).
/s/ Myron H. Wahls
/s/ Kathleen Jansen
/s/ Hilda R. Gage