- Associated Press - Thursday, November 6, 2014

DETROIT (AP) - The Michigan appeals court has ruled in favor of a Detroit-area bus agency in a dispute over whether a missing pane in a bus shelter is a dangerous condition.

Audrey Ruff and her son, Anthony Hubbert, entered a SMART bus shelter to rest in September 2011. Anthony stepped backward and tripped through an opening where safety glass was missing. He injured his left arm.

In a 2-1 decision, the court says a missing pane of glass doesn’t make the bus shelter “dangerous or defective” under Michigan law.

But in dissent, Judge Amy Ronayne Krause says a complete pane of safety glass would seem necessary to protect people from bad weather or other mishaps. She would have let the lawsuit go forward.

The decision was released Wednesday.

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