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