- Associated Press - Thursday, March 5, 2015

DETROIT (AP) - The city of Detroit is off the hook in a lawsuit filed by a woman who was injured when her car crashed into a tree that had fallen in a street.

The Michigan appeals court says Detroit had a responsibility to keep the street in “reasonable repair” but not “reasonably safe.” The court says the fallen tree is what contributed to Carmen Mendez-Velez’ crash, not the condition of Otis Street.

Mendez-Velez sued Detroit over its failure to timely remove the tree. But the appeals court in a decision released Wednesday says the city has immunity under the facts of the case. It overturned an earlier decision by Wayne County Judge Robert Ziolkowski.

Mendez-Velez lost the appeal and could be forced to pay the city’s legal costs.

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