Docket No. 55185, (Calendar No. 7).

398 Mich. 1 (1976)

247 N.W.2d 530


Supreme Court of Michigan.

Reargued April 7, 1976.

Decided November 23, 1976.

Attorney(s) appearing for the Case

Wines, Branch, Bachmann, Brown & Prost, for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso and Francis J. Carrier, Assistants Attorney General, for defendant.

Amici Curiae:

Robert Reese, Corporation, Counsel, and John E. Cross and Maureen P. Reilly, Assistants Corporation Counsel, for the City of Detroit.

Lopatin, Miller, Bindes & Freedman (by Victoria C. Heldman and F. Lee Bailey) for Michigan Trial Lawyers Association.

Michael F. Schmidt for the Council of the Negligence Section, State Bar of Michigan, in favor of governmental immunity.

Neal Bush and Kenneth M. Mogill for the Council of the Negligence Section, State Bar of Michigan, in opposition to governmental immunity.

WILLIAMS, J. (to affirm).

This case concerns government immunity from liability for tort.1 Such immunity may arise either from judicial policy or legislation. This case does not involve judicially created but rather legislatively created immunity.

On appeal the question raised by the Court of Claims grant of summary judgment is whether the facts pled in this case, the death of an...

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