COLEMAN v. KOOTSILLAS

Docket No. 105721, Calendar No. 1.

575 N.W.2d 527 (1998)

456 Mich. 615

Jimmie COLEMAN and Tammy Coleman, Plaintiffs, v. Francis KOOTSILLAS, Defendant, Third-Party Plaintiff-Appellee, and Albright Construction Company, Inc., Defendant, and City Of Riverview, Defendant, Third-Party Defendant-Appellant.

Supreme Court of Michigan.

Decided March 24, 1998.


Attorney(s) appearing for the Case

Crystal & Johnson, P.L.C. by Lloyd G. Johnson, Bloomfield Hills, for Kootsillas.

Cummings, McClorey, Davis & Acho, P.C. by Gail P. Massad, Livonia, for City of Riverview.

Granzotto & Nicita, P.C. by Angela J. Nicita, Detroit, amicus curiae for Michigan Trial Lawyers Association.


Opinion

MARILYN J. KELLY, Justice.

We granted leave to determine whether the city of Riverview can be held liable under the proprietary function exception to governmental immunity for injuries that occurred at its landfill. We conclude that operation of the landfill is a proprietary function and that the city is subject to liability.

I

In 1967, city of Riverview voters approved a bond proposal to purchase real property for a landfill. Construction...

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