Zyskowski v. Habelmann, 78992
| Decision Date | 05 November 1987 |
| Docket Number | No. 78992,78992 |
| Citation | 429 Mich. 873,414 N.W.2d 886 |
| Parties | Edwin ZYSKOWSKI, Personal Representative of the Estate of Bruce Zyskowski, Deceased, Plaintiff-Appellee, v. Gerald G. HABELMANN and City of Detroit, Defendants, and Board of County Road Commissioners of the County of Wayne, Defendant-Appellant. 429 Mich. 873, 414 N.W.2d 886 |
| Court | Michigan Supreme Court |
Prior report: 150 Mich.App. 230, 388 N.W.2d 315.
On order of the Court, leave to appeal having been granted and the Court having considered the briefs and oral arguments of counsel, and the Court being persuaded that the Court of Appeals should reconsider its decision, the order of October 22, 1986, is VACATED and, in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND this cause to the Court of Appeals for reconsideration. The Court of Appeals shall reconsider all the issues on appeal that relate to the potential liability of the governmental defendants, including, but not limited to, the issue of whether M.C.L. Sec. 41.261; M.S.A. Sec. 5.2491 precludes the county road commission from maintaining lighting installations within a city or village corporate limits, and, if so, whether that preclusion obviates the imposition of liability pursuant to M.C.L. Sec. 691.1402; M.S.A. Sec. 3.996(102) in this case.
We do not retain jurisdiction.
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