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Mon March 7, 2011
Is there a difference between a 'highway' and a 'forest trail'? The Michigan Supreme Court will decide
The Michigan Supreme Court will hear arguments Tuesday in a case where a woman wants to sue the state for injuries she suffered while riding on a state-maintained off-road trail. The question before the Michigan Supreme Court is whether a forest trail is also a highway?
Beverly Duffy and some friends were riding All-Terrain Vehicles on the Little Manistee Trail. Duffy’s ATV struck some half buried boards in the trail, throwing her from the vehicle. She suffered spinal injuries and paralysis. She sued, claiming the State Department of Natural Resources failed to maintain the trail for all licensed vehicles, as required by state law.
The law applies to state maintained ‘highways.’ The state contends the off-road trail is not a ‘highway’ as defined by state law.
The trial judge sided with Duffy, but the state Appeals Court ruled in the state’s favor.