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SMITH v. KOWALSKI

Docket No. 194354.

567 N.W.2d 463 (1997)

223 Mich. App. 610

Michael Carl SMITH, Plaintiff-Appellant, v. Mark KOWALSKI, Thomas Goff, Louis Saunders, Tony Herman, William Bryant, Mark Eveleth, Warden Robert Redman, and Deputy Warden Cross, jointly and severally, Defendants-Appellees.

Court of Appeals of Michigan.

Released for Publication August 22, 1997.

Decided May 23, 1997, at 9:10 a.m.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Thomas A. Kulick, Assistant Attorney General, for Defendants-Appellees.

Law Offices of Jeffrey H. Feldman, P.C., Southfield, for Plaintiff-Appellant.

Before TAYLOR, P.J., and HOOD and GRIBBS, JJ.

PER CURIAM.

The trial court granted summary disposition for defendants,1 finding that no special relationship existed between plaintiff and any of the defendants to obviate the "public-duty" doctrine. The trial court further found that none of defendants' actions or omissions, if proved, constituted gross negligence so as to overcome governmental immunity. The trial court also concluded that...

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