OMELENCHUK v. CITY OF WARREN

Docket No. 117252, Calendar No. 5.

647 N.W.2d 493 (2002)

466 Mich. 524

Jeanne and Kristin OMELENCHUK, Co-Personal Representatives of the Estate of George Omelenchuk, Plaintiffs-Appellees, v. The CITY OF WARREN, and the Warren Fire Department, Defendants-Appellants.

Supreme Court of Michigan.

Decided July 9, 2002.


Attorney(s) appearing for the Case

Stephen J. De Haan, Grand Rapids, MI, for the plaintiffs-appellees.

Garan, Lucow, Miller, P.C. (by Rosalind Rochkind and John J. Gillooly), Detroit, MI, for the defendants-appellants.

Plunkett & Cooney, P.C. (by Mary Massaron Ross and Christine D. Oldani), Detroit, MI, for the Michigan Municipal League and the Michigan Municipal League Liability and Property Pool.


Opinion

MICHAEL F. CAVANAGH, J.

Plaintiffs allege that their decedent died as the result of gross negligence by employees of defendant, the city of Warren. The circuit court granted summary disposition on the basis of governmental immunity. MCR 2.116(C)(7). The Court of Appeals reversed, but this Court reinstates the judgment of the circuit court because the controlling statutes plainly provide immunity to defendant, the city of Warren.

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