the plaintiff was injured when her bicycle struck a concrete island at the edge of a circular drive in front of a school; the Court of Appeals held that the plaintiff could not assert the building exception, noting that it was not possible to enter the building directly from the driveway itself, a sidewalk had to be utilized
How later courts described this case
- the plaintiff was injured when her bicycle struck a concrete island at the edge of a circular drive in front of a school; the Court of Appeals held that the plaintiff could not assert the building exception, noting that it was not possible to enter the building directly from the driveway itself, a sidewalk had to be utilized
Written by the judges who cited it.
The opinion
Fitzgerald, P.J.
(concurring). MCL 691.1401(e); MSA 3.996(101)(e) defines "highway” as that term is used in the "highway exception” to governmental immunity, MCL 691.1402; MSA 3.996(102):
"Highway” means every public highway, road, and street which is open for public travel and shall include bridges, sidewalks, crosswalks, and culverts on any highway. The term highway does not include alleys, trees, and utility poles.
The only dispute under the public highway exception in this case is whether the "driveway” in question constitutes a public highway within the ambit of the public highway exception to governmental immunity, MCL 691.1402; MSA 3.996(102). However, in light of our conclusion that a school district does not have jurisdiction over a public highway and therefore is not responsible for the design and maintenance of a public highway, I do not believe that the majority’s discussion of whether the area involved herein constitutes a *706 public highway is necessary for a proper resolution of this case. 1
If the area is held not to be a public highway, the public highway exception to governmental immunity does not apply. If the area is held to be a public highway, the highway exception still does not apply because defendants do not have jurisdiction over public highways.