The Michigan appeals court says the state can be sued over a chunk of concrete that smashed a windshield and injured a driver on Interstate 75 in Detroit.
Robert Moser II of Detroit suffered broken ribs, a collapsed lung and head lacerations while driving under the Cass Avenue bridge on I-75 in 2006.
The Michigan Department of Transportation argued that it’s immune to liability because the 18-pound concrete piece broke off from the side, not the roadbed. But the appeals court this week disagreed, saying the entire bridge is the roadway.
The civil lawsuit now returns to Wayne County Circuit Court.
Lawyer Heather Jefferson says the injuries still bother the 26-year-old Moser.
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