Updates are posted as received from the courts. Consult the advance sheets and bound volumes of the official reports for final revisions and proper pagination. Jeffrey was hit again by another car a minute or two later. Several witnesses at trial testified that the street lights along Jefferson Avenue were not functioning on the night Jeffrey was killed, and they had not been functioning for some time. The trial court found that defendant had been negligent in failing to provide street lighting and returned a verdict for plaintiff.
Questions of law are subject to de novo review.
Generally, all government agencies are immune from tort liability for actions taken in furtherance of a governmental function. One exception to governmental immunity is that a government agency having jurisdiction over a highway is liable for injuries caused by the government agency's failure to maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel. The plain language of the statute expressly applies only to state and county road commissions. This Court has consistently construed this statute to mean that the limitation of liability does not apply to municipalities such as defendant. It is a well-established principle of statutory construction that the Legislature is presumed to act with knowledge of this Court's statutory interpretations.