Pick v. Szymczak

In Pick v. Szymczak, 451 Mich 607, 621; 548 NW2d 603 (1996), the Supreme Court of Michigan, in interpreting MCL 691.1402; MSA 3.996(102), held that the duty of maintenance includes the duty to erect adequate warning signs or traffic control devices at a point of hazard, or a point of special danger. We define "point of hazard" (or "point of special danger") as any condition that directly affects vehicular travel on the improved portion of the roadway so that such travel is not reasonably safe. To be a point of hazard for purposes of the highway exception, the condition must be one that uniquely affects vehicular travel on the improved portion of the roadway, as opposed to a condition that generally affects the roadway and its surrounding environment. We reemphasize, however, that such conditions need not be physically part of the roadbed itself. Pick, supra, p 623.