The Michigan Supreme Court ruled on December 16, 2011 that the defendant limestone mine, which owns property on both sides of a state trunk-line highway, is not responsible for injuries a bicyclist suffered when she fell off her bike at a deteriorated section of the road. This is true because only the state has the duty to repair the road. The fact that the highway was reinforced with six steel rails to accommodate the mine traffic did not change the result. Both negligence and nuisance liability is precluded. Noreen Slank represented the defendant and briefed and argued the case, McCue v O-N Minerals.
12/08/2011