- Posted April 18, 2012
- Tweet This | Share on Facebook
County wins appeal over motorcycle wreck
By Ed White
Associated Press
DETROIT (AP) -- The Michigan Supreme Court has further strengthened the defense of public agencies blamed for bad roads, saying a motorcyclist can't sue over loose gravel that led to a bone-crushing crash in Oakland County.
Joseph Paletta said he lost control on gravel that had been scraped from the shoulder and onto Union Lake Road in White Lake Township. Two courts said the Oakland County Road Commission could be sued over the rider's injuries because it was a commission crew that had deposited the debris on the road.
But the Supreme Court, in a 4-3 order last week, said loose gravel doesn't trigger the agency's duty to keep a highway in "reasonable repair" under Michigan law. Republican justices who control the court were in the majority.
Paletta, now 52, suffered a broken leg in 2006 as well as back and shoulder injuries that required surgery.
"He continues to struggle," attorney Glenn Oliver said Monday. "He's scheduled to have his second back surgery. His motorcycle insurance didn't include wage loss."
The Supreme Court heard arguments April 5 on whether to take a full appeal from the road commission.
In a brief order, it decided to close the case by overturning an appeals court ruling and dismissing the agency from the lawsuit.
"We just wanted a chance to present it to a jury," Oliver said. "At least give us a shot, right? I don't think that's asking too much."
It is very difficult to sue public agencies over road conditions in Michigan since the Supreme Court in 2000 said a defect must be within the roadbed. In Paletta's case, the court said accumulated gravel doesn't count.
Published: Wed, Apr 18, 2012
headlines Oakland County
- Appreciating members
- Nessel sues Blue Cross Blue Shield for illegal health insurance monopoly in Michigan
- Suspended Michigan commodities trader sentenced to 33 months in federal prison for fraud
- Webinar explores how ‘Data Dashboards’ benefit courts
- National access-to-justice forum marks major milestones
headlines National
- Protecting Attorney-Client Relationships: ABA advocacy helps safeguard the right to effective assistance of counsel
- Did ‘corporate speak’ and PowerPoint lead to complacency at GM?
- Ex-employee sues Sheppard Mullin over cyberattack exposing sensitive personal data
- Ropes & Gray allows more attorneys to count AI testing toward billable hours
- Plaintiff who filed fraudulent case, trashed desktop computer hit with sanctions
- Man who threatened Supreme Court justices avoids prison time




