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HARRIS v. U OF M BD. OF REGENTS

Docket No. 177036.

558 N.W.2d 225 (1996)

219 Mich. App. 679

Scott Arthur HARRIS, Plaintiff-Appellant, v. UNIVERSITY OF MICHIGAN BOARD OF REGENTS, James J. Duderstadt, and Jack Weidenbach, Defendants-Appellees.

Court of Appeals of Michigan.

Decided November 5, 1996, at 9:00 a.m.

Released for Publication January 24, 1997.

Attorney(s) appearing for the Case

Kantner and Associates by Veronique Lerner, Ann Arbor, for plaintiff-appellant.

C.J. Hurbis and Mary F. Clinton, Ann Arbor, for defendants-appellees.

Before NEFF, P.J., and SAAD and MARKEY, JJ.

SAAD, Judge.

I

Nature of the Case

This case raises two interrelated legal questions of first impression and of particular importance to intercollegiate athletics in Michigan. First, is intercollegiate athletics a governmental function of a public university so as to immunize the university from tort liability? Second, if so, does the proprietary function exception to governmental immunity apply under the facts of this case? For reasons stated in...

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