Unnatural Accumulation of Snow & Ice

The Court of Appeals recently decided a case that I had been following since it hit the local news stations after two young girls were hit by a drunk driver after they walked onto Saginaw Street because the sidewalk was impassable due to snow and ice in Estate of Buckner.

The only issues on appeal involved the case against the City of Lansing (the trial court denied summary disposition). The COA held that an unnatural accumulation of snow and ice could fall under the highway exception to governmental immunity. The Court noted that more discovery was needed to determine whether, under the facts of this case, the City is entitled to immunity.