Wells v. Department of Corrections

Plaintiff appeals the grant of defendant’s motion for accelerated judgment for the reason that defendant had sovereign immunity from tort liability under MCLA 691.1407; MSA 3.996(107).

In her complaint plaintiff alleged the following. While operating a farm tractor under defendant’s complete control and direction at Southern Michigan Prison, plaintiffs incarcerated decedent became entangled in the power take-off shield of the tractor and received fatal injuries. Defendant was negligent in failing to provide adequate protective shielding of moving parts of the power take-off shaft.

Plaintiff…