Maki v. City of East Tawas

I cannot agree with

the majority’s disposition of this case.

The plaintiff commenced this action to recover for personal injuries sustained while he was at a garbage dump operated by the defendant. He obtained a jury verdict.

The defendant, a municipal corporation, claimed immunity under recently enacted PA 1964, No 170.1 Section 7 of this act2 immunizes governmental agencies from tort liability when engaged in the exercise and discharge of a governmental function3 with exceptions not here pertinent (see footnotes 10 and 19).

The plaintiff challenged the defendant’s claim of immunity on the…