Keenan v. County of Midland

Michigan Supreme Court

Keenan v. County of Midland

138 N.W.2d 759, 377 Mich. 57, 1966 Mich. LEXIS 90

CourtMichigan Supreme Court

DecidedJanuary 5, 1966

DocketCalendar 60, Docket 50,573

StatusPublished

Cited by19 cases

This text of 138 N.W.2d 759 (Keenan v. County of Midland) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keenan v. County of Midland, 138 N.W.2d 759, 377 Mich. 57, 1966 Mich. LEXIS 90 (Mich. 1966).

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Opinions

Adams, J.

This lawsuit results from the drowning of a 5-year-old child. Death occurred in July, 1960, at a swimming beach in Midland county. For purposes of decision on motion for summary judgment, the beach was acknowledged to have been operated by the county of Midland. Defendant was granted a summary judgment, the trial court reasoning that, under prior decisions of this Court, the county of Midland was engaged in a governmental function. The court also reasoned that since the alleged tort occurred prior to decision of this Court in Williams v. City of Detroit, 364 Mich 231, the rule of governmental immunity, if abrogated by that case, was nevertheless a bar to a claimed cause of action which arose prior to September 22, 1961.

On March 1, 1965, one day before oral argument in this case, in Myers v. Genesee County Auditor, 375 Mich 1, this Court, with seven members sitting, by reversing and remanding for trial, decided by a clear majority of those participating to abrogate the rule of governmental immunity as to counties, thus overruling Lewis v. Genesee County, 370 Mich 110, and also held that said abrogation was applicable to “pending and future cases.”

Inasmuch as this case was pending at the time of decision in Myers, the application of the rule of governmental immunity is no longer valid. The case is remanded to the trial court for vacation of the order granting summary judgment as to de[61]*61fendant county of Midland and for such, further proceedings as may he appropriate.

Myers abolished (until the effective date, July 1, 1965, of PA 1964, No 170) the defense of governmental immunity as to all political subdivisions of government not theretofore abolished. The State and its agencies, including school districts, remained immune from tort liability. McDowell v. State Highway Commissioner, 365 Mich 268; Sayers v. School District No. 1, Fractional, 366 Mich 217. The problem now, and as of July 1, 1965, is governed by the provisions of PA 1964, No 170 (CL 1948, § 691.1401 et seq. [Stat Ann 1965 Cum Supp § 3.996(101) et seq.]). Our decision here does not affect the provisions of article 7, § 6, of the Constitution of 1963.

No costs.

T. M. Kavanagh, C. J., and Smith and O’Hara, JJ., concurred with Adams, J.

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Adams, J.

This lawsuit results from the drowning of a 5-year-old child. Death occurred in July, 1960, at a swimming beach in Midland county. For purposes of decision on motion for summary judgment, the beach was acknowledged to have been operated by the county of Midland. Defendant was granted a summary judgment, the trial court reasoning that, under prior decisions of this Court, the county of Midland was engaged in a governmental function. The court also reasoned that since the alleged tort occurred prior to decision of this Court in Williams v. City of Detroit, 364 Mich 231, the rule of governmental immunity, if abrogated by that case, was nevertheless a bar to a claimed cause of action which arose prior to September 22, 1961.

On March 1, 1965, one day before oral argument in this case, in Myers v. Genesee County Auditor, 375 Mich 1, this Court, with seven members sitting, by reversing and remanding for trial, decided by a clear majority of those participating to abrogate the rule of governmental immunity as to counties, thus overruling Lewis v. Genesee County, 370 Mich 110, and also held that said abrogation was applicable to “pending and future cases.”

Inasmuch as this case was pending at the time of decision in Myers, the application of the rule of governmental immunity is no longer valid. The case is remanded to the trial court for vacation of the order granting summary judgment as to de[61]*61fendant county of Midland and for such, further proceedings as may he appropriate.

Myers abolished (until the effective date, July 1, 1965, of PA 1964, No 170) the defense of governmental immunity as to all political subdivisions of government not theretofore abolished. The State and its agencies, including school districts, remained immune from tort liability. McDowell v. State Highway Commissioner, 365 Mich 268; Sayers v. School District No. 1, Fractional, 366 Mich 217. The problem now, and as of July 1, 1965, is governed by the provisions of PA 1964, No 170 (CL 1948, § 691.1401 et seq. [Stat Ann 1965 Cum Supp § 3.996(101) et seq.]). Our decision here does not affect the provisions of article 7, § 6, of the Constitution of 1963.

No costs.

T. M. Kavanagh, C. J., and Smith and O’Hara, JJ., concurred with Adams, J.

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138 N.W.2d 759, 377 Mich. 57, 1966 Mich. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keenan-v-county-of-midland-mich-1966.

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