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ROCCO v. DEP'T OF MENTAL HEALTH

Docket No. 55334.

114 Mich. App. 792 (1982)

319 N.W.2d 674

ROCCO v. DEPARTMENT OF MENTAL HEALTH

Michigan Court of Appeals.

Decided April 6, 1982.

Attorney(s) appearing for the Case

Dykema, Gossett, Spencer, Goodnow & Trigg (by Bettye S. Elkins and James M. Cameron, Jr.), for plaintiffs.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and George L. McCargar and Alan Hoffman, Assistants Attorney General, for defendants.

Before: ALLEN, P.J., and M.J. KELLY and J.J. KELLEY, JJ.

M.J. KELLY, J.

On January 7, 1980, plaintiffs' decedent, Daniel Rocco, was a resident patient of the Ypsilanti Regional Psychiatric Hospital (hospital). That night, while he was sleeping in his hospital bed, Rocco was murdered by another patient. The murderer was Andrew Higginbotham, a patient who had a history of violence and assaultive behavior.

Plaintiffs filed a complaint in the Court of Claims against two...

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