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BRIGGS v. OAKLAND COUNTY

Docket No. 268730.

742 N.W.2d 136 (2007)

276 Mich. App. 369

Tom BRIGGS, Personal Representative of the Estate of Thomas M. Briggs, Deceased, Plaintiff-Appellant, v. OAKLAND COUNTY, Supervisor Devita, Sergeant Clark, Deputy Hubble, Deputy Ryndress, and Deputy Jones, Defendants, and Deputy Szydlowski, Deputy Vasquez, Sandy Stetz, R.N., Debbie Tipton, R.N., and Connie Zamora, Defendants-Appellees.

Court of Appeals of Michigan.

Decided July 31, 2007, at 9:00 a.m.

Released for Publication October 26, 2007.

Attorney(s) appearing for the Case

Fieger, Fieger, Kenney & Johnson, P.C. (by Victor S. Valenti), Southfield, for the plaintiff.

Potter, DeAgostino, O'Dea & Patterson (by Steven M. Potter and Rick J. Patterson), Auburn Hills, for the defendants.

Before: BANDSTRA, P.J., and ZAHRA and FORT HOOD, JJ.

BANDSTRA, P.J.

Plaintiff appeals as of right the trial court's order granting defendants' motions for summary disposition pursuant to MCR 2.116(C)(7) and (10). We conclude that the medical care exception to governmental immunity, MCL 691.1407(4), applies here and that, therefore, defendants may be subject to liability in this medical malpractice case. We reverse.

Background Facts and Proceedings Below

Plaintiff's decedent was detained at the Oakland...

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