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STATE OF MICHIGAN
COURT OF APPEALS


DONNA KATHERINE SCHENK and WALTER SCHENK, Plaintiffs-Appellants, v TUSCOLA ROAD COMMISSION, Defendant-Appellee.

UNPUBLISHED July 9, 1996

No. 181342 LC No. 94-13262

Before: Cavanagh, P.J., Hood and J.J. McDonald*, JJ. PER CURIAM. Plaintiffs appeal as of right the circuit court's order granting summary disposition in favor of defendant. We affirm. On July 1, 1992, plaintiff Walter Schenk was driving an automobile north on Bray Road in Tuscola County. His wife, Donna Schenk, was a passenger in the vehicle. As they approached Swaffer Road, where it intersects with Bray Road, a vehicle traveling eastbound on Swaffer Road ignored the stop sign and proceeded through the intersection. The cars collided and plaintiffs' vehicle was forced onto the shoulder of the roadway of northbound Bray where it came into contact with a sign post remnant which, in turn, caused the vehicle to flip off the roadway into a ditch. On June 22, 1994, plaintiffs filed a complaint against the defendant, alleging that defendant breached its duty to adequately maintain the highway in a condition reasonably safe and convenient for public travel as required by MCL 691.1402; MSA 3.996 (102), by failing to maintain or remove the sign stub. Plaintiffs alleged that they suffered serious and permanent injuries as a direct and proximate result of defendant's breach. On July 18, 1994, defendant moved for summary disposition pursuant to MCR 2.116(C)(7), (8) and (10). Defendant argued that the duties of a county road commission extend only to the * Circuit judge, sitting on the Court of Appeals by assignment. -1

improved, traveled portion of the roadway designed for vehicular travel pursuant to MCL 691.1402; MSA 3.996(102), and that the sign post stub was not located within that area. Defendant submitted affidavits and photographs supporting its position that the sign post stub was located 7

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