SEWELL v. SOUTHFIELD PUBLIC SCHOOLS

Docket No. 106327, Calendar No. 1.

576 N.W.2d 153 (1998)

456 Mich. 670

Devin D. SEWELL, a minor, and Douglas B. Sewell, individually and as next friend, Plaintiffs-Appellants, v. SOUTHFIELD PUBLIC SCHOOLS, Defendant-Appellee, and Vincent Bean, Vonetta Sanders, Thomas Ridley, Defendants.

Supreme Court of Michigan.

Decided April 1, 1998.


Attorney(s) appearing for the Case

Tucker & Hughes, P.C. by Juanita Gavin Hughes and Clarence B. Tucker, Detroit, for Plaintiffs-Appellants.

Plunkett & Cooney, P.C. by Christine D. Oldani, Detroit, for Defendant-Appellee.


Opinion

MICHAEL F. CAVANAGH, Justice.

We granted leave in this case to determine whether the defendant, Southfield Public Schools, was properly granted summary disposition on the basis of the immunity extended to governmental entities in M.C.L. § 691.1407(1); M.S.A. § 3.996(107)(1). We find that plaintiffs have alleged an actual danger or defect in the Southfield High School swimming pool so as to fall within the public building exception to governmental...

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