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CARLTON v. DEP'T OF CORRECTIONS

Docket No. 160706.

215 Mich. App. 490 (1996)

546 N.W.2d 671

CARLTON v. DEPARTMENT OF CORRECTIONS

Michigan Court of Appeals.

Decided February 20, 1996, at 9:00 A.M.

Attorney(s) appearing for the Case

Fraser Trebilcock Davis & Foster (by Michael C. Levine), for the plaintiff.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Leonard J. Malinowski, Assistant Attorney General, for the defendants.

Before: SMOLENSKI, P.J., and HOOD and M.J. CALLAHAN, JJ.

SMOLENSKI, P.J.

Defendants Michigan Department of Corrections (DOC); Robert Brown, Jr., director of the DOC; and Tekla Miller, warden of Huron Valley Men's Facility (HVMF), appeal as of right a judgment entered in favor of plaintiff Adrian Carlton by the Court of Claims following a bench trial. We reverse.

In November 1989, plaintiff, while incarcerated in HVMF's unit 2, received burn injuries when he negligently or intentionally set a fire in his cell. Plaintiff...

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