Butler v. Wayne County Sheriff's Department

Plaintiff appeals as of right from an accelerated judgment based upon governmental immunity, MCLA 691.1407; MSA 3.996(107).

At the time of the circuit court’s action, it was unclear whether the proper means by which to raise the issue of governmental immunity was by motion for summary judgment, GCR 1963, 117.2(1), or by motion for accelerated judgment, GCR 1963, 116.1(5). The Supreme Court settled this issue by holding that a motion for summary judgment is proper. McCann v Michigan, 398 Mich 65, 77; 247 NW2d 521, 523-524 (1976) (opinion of Ryan, J.), Galli v Kirkeby, 398 Mich 527, 532; 248…