Legal Opinion · Dissent

Schwartz v. City of Detroit

Michigan Court of Appeals

Decided May 23, 1978No. Docket 77-2516Published

1DissentT. M. Burns, P. J.

The issues and briefs in this case are identical to those in Brown v Detroit, 83 Mich App 342; 268 NW2d 400 (1978), also heard by this panel. For the reasons stated in my dissent in Brown, I do not believe the claims of medical malpractice in performing a tracheostomy implicate a "governmental function” under the statute. The case should be remanded for trial.

2Cases cited1 opinion

  1. Brown v. City of DetroitMichigan Court of Appeals · 1978