Legal Opinion

Ross v. Consumers Power Co.

Michigan Supreme Court

Decided December 8, 1982No. 64241, (Calendar No. 1)PublishedCited by 24 opinions

1Opinion of the CourtRyan, J.

This is a governmental immunity case.

There are two issues to be decided:(1) Whether the John Saines Project 1 Drainage District is immune from tort liability for certain alleged derelictions which, it is claimed, resulted in serious injury to plaintiff Michael Ross, and(2) Whether the Court of Appeals erred in applying the "essence of governing” test in determining that the appellant drainage district did not enjoy governmental immunity. 1

We answer the questions yes and no respectively.

Resolution of both questions turns ultimately upon an interpretation of MCL 691.1407; MSA 3.996(107), the…

2Cases cited9 opinions

  1. Parker v. City of Highland ParkMichigan Supreme Court · 1978
  2. Thomas v. Department of State HighwaysMichigan Supreme Court · 1976
  3. Perry v. Kalamazoo State HospitalMichigan Supreme Court · 1978
  4. City of Detroit v. CoreyMichigan Supreme Court · 1861
  5. Gunther v. Board of County Road CommissionersMichigan Supreme Court · 1923

4 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Ross v. Consumers Power Co.Michigan Supreme Court · 1985
  2. Martin v. MichiganMichigan Court of Appeals · 1983
  3. Grames v. KingMichigan Court of Appeals · 1983
  4. Barak v. Oakland County Drain CommissionerMichigan Court of Appeals · 2001
  5. Shunk v. MichiganMichigan Court of Appeals · 1984

19 more not listed; retrieve them via the Exa API.

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