# Moser v. City of Detroit

> Michigan Court of Appeals · June 23, 2009 · 284 Mich. App. 536

URL: https://www.frixlaw.com/law-library/cases/9540476

## Case

- **Full name:** Moser v. City of Detroit
- **Court:** Michigan Court of Appeals
- **Decided:** June 23, 2009
- **Citations:** 284 Mich. App. 536; 772 N.W.2d 823
- **Precedential status:** Published
- **Opinion:** Dissent by Wilder
- **Judges:** Wilder, Meter, Servitto
- **Cited by:** 58 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9540476

## Opinion text

WILDER, EJ.
(dissenting). I respectfully dissent. I would conclude that the bridge fascia is not a part of “improved portion of the highway designed for vehicular travel” within the meaning of MCL 691.1402(1).
As the majority notes, in Grimes v Dep’t of Transportation, 475 Mich 72, 91 ; 715 NW2d 275 (2006), the *543 Michigan Supreme Court held that “only the travel lanes of a highway are subject to the duty of repair and maintenance specified in MCL 691.1402(1).” The Supreme Court had previously held in Nawrocki v Macomb Co Rd Comm, 463 Mich 143, 162 ; 615 NW2d 702 (2000), that “if the condition is not located in the actual roadbed designed for vehicular travel, the narrowly drawn highway exception is inapplicable. .. .” Id. at 180 . The term “roadbed” is defined as “the material of which a road is composed.” Random House Webster’s College Dictionary (2001). The Supreme Court’s reference to “travel lanes” and “roadbed” make clear that only the portion of the road upon which vehicles are driven is subject to the narrowly drawn highway exception. Nawrocki, supra at 180 . Vehicles are not driven on the fascia of a bridge. As such, plaintiff has failed to show a defect in the improved portion of the highway that would subject the state to liability in this case. I would reverse.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9540476. Public record. Not legal advice.