Martin v. Michigan

Plaintiff appeals as of right from a trial court order granting defendant summary judgment under GCR 1963, 117.2(1). We affirm.

On April 23, 1980, plaintiff was a voluntary patient at the Michigan Institute of Mental Health in Dimondale. Between 9 a.m. and 10 a.m. on that day, plaintiff, while sleeping, was struck over the head with a chair or table by another patient who had been assigned to share plaintiff’s room. On April 23, 1981, plaintiff’s mother, Pauline Martin, filed suit on behalf of plaintiff, seeking damages for the injuries plaintiff sustained as a result of the attack. Count I of…