Smith v. Kowalski

The trial court granted summary disposition for defendants, 1 finding that no special relationship existed between plaintiff and any of the defendants to obviate the “public-duty” doctrine. The trial court further found that none of defendants’ actions or omissions, if proved, constituted gross negligence so as to overcome governmental immunity. The trial court also concluded that plaintiff’s accident was not foreseeable.

Plaintiff appeals as of right from the order granting defendants summary disposition pursuant to MCR 2.116(C)(10). We affirm.

Plaintiff, an inmate at Lakeland Correctional…