MAKI v. CITY OF EAST TAWAS

Docket Nos. 5,030, 5,371.

18 Mich. App. 109 (1969)

170 N.W.2d 530

MAKI v. CITY OF EAST TAWAS

Michigan Court of Appeals.

Leave to appeal granted February 10, 1970.


Attorney(s) appearing for the Case

Cicinelli, Mossner, Majoros, Harrigan & Alexander, for plaintiff.

Michael N. Freel, City Attorney, and Egloff, Mainolfi, Taylor, McGraw & Collison, for defendant.

Amici Curiae:

Rita Jane Petz, Executrix of the estate of Joseph E. Pitz, deceased (by Roach, Twohey & Benson).

Michigan Association of Municipal Attorneys (by Ralph B. Guy, Jr., Corporation Counsel, City of Dearborn; Leonard McKee Moore, Assistant Corporation Counsel, City of Dearborn; Charles A. Forrest, Jr., City Attorney, City of Flint; W. Vincent Nash, City Attorney, City of Saginaw; Robert Reese, Corporation Counsel, City of Detroit; and Robert D. McClear and Ronald C. Winiemko, Assistant Corporation Counsels, City of Detroit).

Before: LEVIN, P.J., and HOLBROOK and DANHOF, JJ.


Leave to appeal granted February 10, 1970. See 383 Mich. 766.

DANHOF, J.

Plaintiff1 sued defendant, city of East Tawas, for damages arising from the loss of an eye resulting from an explosion while he was at the East Tawas municipal dump on December 4, 1965. The claim was originally based upon negligence, but additional counts of gross negligence and nuisance were later added. The defendant filed a motion for an accelerated judgment...

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