McLean v. McElhaney

This case requires this Court to construe the “medical care or treatment” exception to governmental immunity, MCL 691.1407(4). Defendants appeal as of right the trial court’s denial of their motion for *594summary disposition. In denying defendants’ motion, the trial court concluded that the “medical care or treatment” exception to governmental immunity applied and that plaintiffs’ claims against defendants were therefore not barred by governmental immunity. For the reasons set forth in this opinion, we affirm in part, reverse in part, and remand.

I. PACTS AND PROCEDURAL HISTORY

Plaintiffs filed…