Salvati v. Department of State Highways
Decision Date | 19 September 1979 |
Docket Number | Docket No. 78-2097 |
Citation | 92 Mich.App. 452,285 N.W.2d 326 |
Parties | Helen SALVATI, Executrix of the Estate of Carmen Salvati, deceased, Plaintiffs-Appellees, v. DEPARTMENT OF STATE HIGHWAYS, State of Michigan, Defendant-Appellant. 92 Mich.App. 452, 285 N.W.2d 326 |
Court | Court of Appeal of Michigan — District of US |
[92 MICHAPP 454] Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Myron A. McMillan, Asst. Atty. Gen., for defendant-appellant.
Anthony D. Rosati, Southfield, for plaintiffs-appellees.
Before ALLEN, P. J., and T. M. BURNS and HOLBROOK, * JJ.
This case involves an action for wrongful death suffered on a state highway where 'preferential icing' and claimed improper and inadequate warning signs were present at the scene of the accident.
Defendant-appellant, Department of State Highways, appeals as of right the judgment of the Court of Claims finding that defendant had negligently maintained a public highway in a manner that caused the death of plaintiff's decedent.
Shortly after 6 a. m. on the morning of February 17, 1972, plaintiff's decedent was driving southbound on I-75 in Allen Park, Michigan. At the point where I-75 crosses over the Goddard Road bridge, there are three southbound lanes, each being 12 feet in width. The portion of I-75 forming the Goddard Road bridge is 1,939 feet in length. The highway pavement was clear and dry on that portion of I-75 that was built directly on the ground. However, on the highway ice had developed and was present but not visible to the naked eye.
The trial judge in the Court of Claims wrote a very fine opinion, which we adopt in part as our opinion, Viz.:
[92 MICHAPP 455] "Plaintiff, as Executrix of the estate of her husband, file a complaint in the Court of Claims against defendant for the wrongful death of her husband as a result of a February 17, 1972 accident on the I-75 bridge over Goddard Road in Wayne County. On that date at about 6:20 a. m. plaintiff's decedent Carmen Salvati was the driver of an automobile travelling south on I-75. As his vehicle approached the bridge over Goddard Road it came upon other automobiles and a tractor-trailer truck which had skidded, collided and stopped across the bridge as a result of ice on the bridge. Decedent's automobile skidded on the ice and into the semi-trailer which was across the bridge traffic lanes and he was killed in the crash.
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