Sewell v. Southfield Public Schools

We granted leave in this case to determine whether the defendant, Southfield Public Schools, was properly granted summary disposition on the basis of the immunity extended to governmental entities in MCL 691.1407(1); MSA 3.996(107)(1). We find that plaintiffs have alleged an actual danger or defect in the Southfield High School swimming pool so as to fall within the public building exception to governmental immunity, MCL 691.1406; MSA 3.996(106). Summary disposition in favor of the defendant was improperly granted.

I. STATEMENT OF FACTS AND PROCEEDINGS

Plaintiffs’ claim is based on injuries…