Hendricks v. Southfield Public Schools

Plaintiffs appeal as of right from a circuit court order granting defendant’s motion for summary disposition pursuant to MCR 2.116(C)(8) on the basis that plaintiffs failed to plead facts in avoidance of governmental immunity. We affirm.

On appeal, plaintiffs argue that the public building exception to governmental immunity applies to their case because piles of snow located on a school playground constitute a dangerous condition of a public building. MCL 691.1406; MSA 3.996(106). We disagree.

A motion for summary disposition pursuant to MCR 2.116(C)(8) tests the legal sufficiency of the…