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MacDONALD v. OTTAWA COUNTY

No. 350956, No. 350989.

967 N.W.2d 919 (2020)

335 Mich. App. 618

Patricia MacDONALD and James MacDonald, Plaintiffs-Appellants, v. OTTAWA COUNTY and Ottawa County Parks and Recreation Commission, Defendants-Appellees. Julie Benedict, Plaintiff-Appellant, v. Ottawa County and Ottawa County Parks and Recreation, Defendants-Appellees.

Court of Appeals of Michigan.

Decided December 17, 2020.

APPROVED FOR PUBLICATION February 4, 2021, 9:00 a.m.

Attorney(s) appearing for the Case

Seikaly Stewart & Bennett, PC (by William R. Seikaly ) and Johnson Law, PLC (by David S. Shiener ) for Patricia and James MacDonald.

Nolan & Shafer, PLC, Muskegon (by Matthew G. Swartz ) for Julie Benedict.

Silver & Van Essen, PC (by Douglas W. Van Essen , Grand Rapids , and Elliot J. Gruszka ) for Ottawa County and Ottawa County Parks and Recreation.

Before: Cavanagh, P.J., and Jansen and Shapiro, JJ.

These consolidated personal-injury cases concern the applicability of the public-building exception to governmental immunity, MCL 691.1406, to the collapse of a publicly operated outdoor deck in Ottawa County, Michigan. The issues in both cases are essentially the same and arise from the same facts. In Docket No. 350956, plaintiffs Patricia...

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