Hemphill v. Michigan

We decide this case on order of the Supreme Court, which remanded it to us "for reconsideration in light of Velmer v Baraga Area Schools, 430 Mich 385 [424 NW2d 770] (1988), and Reardon v Dep’t of Mental Health and Schafer v Ethridge, 430 Mich 398 [424 NW2d 248] (1988)”. In this Court’s original opinion, the panel affirmed a Court of Claims judgment in favor of plaintiff, Ella Hemphill. Judge Beasley dissented, stating that the majority opinion rested on an unwarranted expansion of the defective building exception to the governmental immunity law. After reviewing the facts and the cases cited…