JACOBS v. MENTAL HEALTH DEPT.

Docket No. 78-188.

88 Mich. App. 503 (1979)

276 N.W.2d 627

JACOBS v. DEPARTMENT OF MENTAL HEALTH

Michigan Court of Appeals.

Decided February 6, 1979.


Attorney(s) appearing for the Case

Morback, Cheatham & MacArthur (by Stephen J. Smith), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Milton I. Firestone, Thomas R. Wheeker, Terry J. Nosan and Christopher J. Dembowski, Assistants Attorney General, for defendant.

Before: DANHOF, C.J., and BASHARA and CYNAR, JJ.


PER CURIAM.

Plaintiff sued the Department of Mental Health, under a theory of vicarious liability, for damages sustained from an alleged assault and battery against the plaintiff by an attendant at a state mental facility. The Court of Claims granted summary judgment for defendant. The plaintiff was an in-patient at the facility when the alleged beating occurred. In his deposition the attendant testified that the incident of which the plaintiff complains was provoked...

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