Docket No. 54983, (Calendar No. 6).

398 Mich. 65 (1976)

247 N.W.2d 521


Supreme Court of Michigan.

Reargued April 7, 1976.

Decided November 23, 1976.

Attorney(s) appearing for the Case

Perlman, Garber & Holtz for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Milton I. Firestone and Thomas R. Wheeker, Assistants Attorney General, for defendants.

Amci 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) 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.

Aloysius J. Suchy, Corporation Counsel, and David J. Curran and Dean Koulouras, Assistants Corporation Counsel, for Wayne County.


I agree with my brothers that there is no defense of governmental immunity available to the State of Michigan and its departments in this case. I do not believe the day-to-day operation of a hospital is a governmental function. See Thomas v Department of State Highways, 398 Mich. 1; 247 N.W.2d 530 (1976) (opinion of FITZGERALD, J...

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