Kriger v. South Oakland County Mutual-Aid Pact, MUTUAL-AID
| Decision Date | 14 February 1977 |
| Docket Number | No. 55242,MUTUAL-AID,55242 |
| Citation | 250 N.W.2d 67,399 Mich. 835 |
| Parties | Mark KRIGER, by Margaret Kriger, next friend, Plaintiff-Appellant, v. SOUTH OAKLAND COUNTYPACT et al., Defendants-Appellees. 399 Mich. 835, 250 N.W.2d 67 |
| Court | Michigan Supreme Court |
On order of the Court, plaintiff-appellant's application for leave to appeal having been ordered held in abeyance pending decision in Curry v. City of Detroit (Docket No. 54806), and said decision having been issued on June 24, 1975, 394 Mich. 327, 231 N.W.2d 57,
The application by plaintiff-appellant for leave to appeal is now considered, and, pursuant to GCR1963, 853.2(4), in lieu of leave to appeal, the summary judgment under GCR1963, 117.2(1) dismissing the City of Berkley as a defendant on the basis of its governmental immunity is reversed.
The complaint states a claim for which relief may be granted because it pleads facts which, if proved, demonstrate that the activity complained of is not activity "in the exercise or discharge of a governmental function" under M.C.L.A. Sec. 691.1407; M.S.A. Sec. 3.996(107), and, therefore, "does not fall within the ambit of immunity established by the Legislature in 1970 PA 155." McCann v. State of Michigan, 398 Mich. 65, 77, 247 N.W.2d 521, (1976).
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