Brown v. City of Detroit
268 N.W.2d 400, 83 Mich. App. 342, 1978 Mich. App. LEXIS 2310
Opinions
The plaintiff contends that the operation of a community owned hospital is not a governmental function which is immune from tort liability. This precise question was recently decided against the plaintiff in White v Detroit, 74 Mich App 545; 254 NW2d 572 (1977).
"While other areas may require us to use our 'creative genius’ to resolve the issue of 'governmental function’, Thomas v Department of State Highways, [398 Mich 1, 11; 247 NW2d 530, 533 (1976)] an unbroken line of Michigan authority holds that operation of a community owned hospital is a governmental function. Martinson v Alpena, 328 Mich 595; 44 NW2d 148 (1950), Nicholson v Detroit, 129 Mich 246; 88 NW 695 (1902), Knight v City of Tecumseh, [63 Mich App 215; 234 NW2d 457 (1975)], Lockaby v Wayne County, 63 Mich App 185, 190-191; 234 NW2d 444, 446 (1975), Snow v Freeman, [55 Mich App 84; 222 NW2d 43 (1974)]. We are compelled to agree that the treatment of plaintiff by Detroit General Hospital was a governmental function, rendering the City of Detroit immune from liability.” White, supra, at 548.
The trial court’s decision is affirmed. Costs to appellees.
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Brown v. City of Detroit, 268 N.W.2d 400, 83 Mich. App. 342, 1978 Mich. App. LEXIS 2310 (Mich. Ct. App. 1978).
268 N.W.2d 400 (Brown v. City of Detroit) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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Brown v. City of Detroit
268 N.W.2d 400 (Michigan Court of Appeals, 1978)