DRENKHAHN v. SMITH

Docket No. 44785.

103 Mich. App. 278 (1980)

303 N.W.2d 176

DRENKHAHN v. SMITH

Michigan Court of Appeals.

Decided September 17, 1980.


Attorney(s) appearing for the Case

Sloan, Risdon, Benefiel & Farrer, for plaintiff.

Lilly & Domeny, P.C. (by Sally Zack Wheeler), for defendants.

Before: D.E. HOLBROOK, JR., P.J., and T.M. BURNS and E.E. BORRADAILE, JJ.


PER CURIAM.

On February 5, 1975, plaintiff's decedent, employed by Barry Excavating, Inc., was killed in an excavation cave-in during sewer construction work. In a suit against the City of Portage, the trial judge granted summary judgment because of governmental immunity. That judgment was sustained by this Court. Drenkhahn v Portage (Docket No. 77-3232, decided June 22, 1978 [unreported]).

The instant suit was commenced against the defendants, all...

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