Jolly v. City of St. Clair, 79310
| Decision Date | 10 February 1987 |
| Docket Number | No. 79310,79310 |
| Court | Michigan Supreme Court |
| Parties | Robert J. JOLLY, Sr., Individually and as Next Friend of Robert J. Jolly, Jr., and Carol V. Jolly, Plaintiffs-Appellees, v. CITY OF ST. CLAIR, a Municipal corporation, Defendant-Appellant. |
Prior report: 153 Mich.App. 824, 396 N.W.2d 552 (1986).
On order of the Court, the motions for leave to file briefs amicus curiae are considered, and they are GRANTED. The application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgments of the Court of Appeals and of the St. Clair Circuit Court and we REMAND the case to the St. Clair Circuit Court for entry of judgment in favor of the defendant. In this case the injured party suffered his injury on a slide which was located in a municipal park and which was not immediately adjacent to or part of any public building. M.C.L. Sec. 691.1406; M.S.A. Sec. 3.996(106). Under these circumstances no exception to the city's immunity from tort liability exists. Cf., Pichette v. Manistique Schools, 403 Mich. 268, 269 N.W.2d 143 (1978).
Archer, J., would not dispose of this matter by peremptory order, believing that Pichette v. Manistique Schools was correctly decided.
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