Murray v. Beyer Memorial Hospital

A majority of this Court in separate opinions determined a municipally owned general hospital providing a public medical service for a fee was not performing a governmental function within the meaning of MCL 691.1407; MSA 3.996(107). Parker v Highland Park, 404 Mich 183; 273 NW2d 413 (1978). I joined two of my colleagues in dissenting from that result. 404 Mich 183, 202.

However, now that the rule in Parker is the law of this state, I concur with my Brother Kavanagh that that rule should apply "to all cases pending on December 27, 1978 in which an express chai*224lenge to the defense of…