Drenkhahn v. Smith

On February 5, 1975, plaintiffs decedent, employed by Barry Excavating, Inc., was killed in an excavation cave-in during sewer construction work. In a suit against the City of Portage, the trial judge granted summary judgment because of governmental immunity. That judgment was sustained by this Court. Drenkhahn v Portage (Docket No. 77-3232, decided June 22, 1978 [unreported]).

The instant suit was commenced against the defendants, all employees of the City of Portage, in their individual capacities, for their own negligence. Defendant Smith was the city engineer, and defendants Neuens and…