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Mich. Supreme Court Hits A Pothole This Week

LANSING (WWJ/AP) – WWJ’s Ron Dewey reports that road commissions and other local governments will be watching a case going before the state Supreme Court very closely.

A Northern Michigan couple — Arthur and Elaine Whitmore — say they were injured in 2006 when their motorcycle hit a pothole in the Charlevoix area. According to Michigan law, government can be held liable if it knew or should have known about a road defect.

At issue will be the Charlevoix Road Commission’s argument that the Whitmores failed to show the agency had notice of a single, specific pothole that caused the accident. While the justices agreed to hear arguments, they will decide whether to take a full appeal or order some other action.

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