Remali v. County of Baraga

Michigan Court of Appeals

Remali v. County of Baraga

164 N.W.2d 766, 13 Mich. App. 584, 1968 Mich. App. LEXIS 1101

CourtMichigan Court of Appeals

DecidedOctober 21, 1968

DocketDocket No. 3,253

StatusPublished

This text of 164 N.W.2d 766 (Remali v. County of Baraga) 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

Remali v. County of Baraga, 164 N.W.2d 766, 13 Mich. App. 584, 1968 Mich. App. LEXIS 1101 (Mich. Ct. App. 1968).

Pincite

Opinion

Per Curiam.

Rudolph Remali sustained injuries allegedly resulting from a fall caused by a defective board on a county-owned and -maintained stairway. Defendant’s motion for summary judgment (GCR 1963, 117.2) -was granted on the grounds that PA 1964, No 170 (Stat Ann 1968 Cum Supp §§ 3.996 [106], 3.996 [107]) provides the county with immunity in this regard, therefore, plaintiff had stated no claim on which relief could be granted.

A reading of the statute with its exceptions con-; vinces us that the matter cannot be summarily dismissed without first determining that none of the exceptions enumerated in the statute applies.

This cause is reversed and remanded for a finding as to the nature of the structure on which plaintiff was injured, thereby allowing for a decision as to the applicability of the statute and its exceptions.

No costs as a public question is involved.

T. G. Kavanagh, P. J., and McGregor and Philip 0. Elliott, JJ., concurred.

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