Keenan v. County of Midland

Once again, as in Myers v. Genesee County Auditor (1965), 375 Mich 1, 12, 13, I cast my vote to overrule Lewis v. Genesee County (1963), 370 Mich 110. I join also in vacating the summary judgment entered in defendant’s favor in this case of Keenan and in remanding the cause for trial.

While five of the seven participating Justices in Myers joined in our decision to reverse and remand the trial judge’s decision in Myers, only four of us planted our decision upon abrogation of the rule of governmental immunity as applied to tort actions against counties, Mr. Justice Black having concurred only…