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A Better Partnership
May 25, 2017

COA: If a fire truck has to try to drive safely—then so does a snowplow. There is no immunity from negligence claims while working on roadways

In Flanagin v. Kalkaska Co Road Comm'n, No. 330887, the Court of Appeals held that statutory provisions that allowed state vehicles to cross the centerline while engaged in work on a roadway would not provide immunity against allegations of negligence. While a snowplow may not be committing a moving violation when plowing by being over the centerline, they can still be negligent. The facts at issue indicated it was possible that the snowplow was between four and six feet over the centerline, and thus there was a genuine issue of material fact as to alleged negligent conduct justifying the trial court's denial of summary disposition.

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