Brown v. City of Detroit
268 N.W.2d 400, 83 Mich. App. 342, 1978 Mich. App. LEXIS 2310
This text of 268 N.W.2d 400 (Brown v. City of Detroit) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Brown v. City of Detroit, 268 N.W.2d 400, 83 Mich. App. 342, 1978 Mich. App. LEXIS 2310 (Mich. Ct. App. 1978).
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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Related
Berger v. City of Berkley
275 N.W.2d 2 (Michigan Court of Appeals, 1978)
Schwartz v. City of Detroit
269 N.W.2d 237 (Michigan Court of Appeals, 1978)
Brown v. City of Detroit
268 N.W.2d 400 (Michigan Court of Appeals, 1978)
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Bluebook (online)
268 N.W.2d 400, 83 Mich. App. 342, 1978 Mich. App. LEXIS 2310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-city-of-detroit-michctapp-1978.