Dampier v. Wayne County

The trial court granted summary disposition with respect to all elements of this case, basically on the ground of governmental immunity. Plaintiffs appeal as of right on the grounds that both the statutory public hospital and common-law exceptions to governmental immunity apply to their negligence claim and that they stated claims for violations of the Michigan Constitution for which governmental immunity is unavailable. Plaintiffs also argue that the trial court should have permitted them to file a second amended complaint to assert a claim for violating the United States Constitution. We…