Legal Opinion · Dissent

Davis v. Lhim

Michigan Court of Appeals

Decided November 5, 1985No. Docket 84500Published

1DissentCynar, J.

The Supreme Court has remanded this case to this Court for reconsideration in light of Ross v Consumers Power Co (On Rehearing), 420 Mich 567; 363 NW2d 641 (1984). The grounds for appeal are, first, whether the defendant was immune from liability for an alleged act of negligence in discharging John Patterson, and, second, whether defendant failed to warn the plaintiffs decedent of the danger to her posed by her son, in the event of his discharge.

The Court in Ross addressed the issue of individual immunity. The Court defined this immunity, insofar as applicable herein, as follows:

*18"We therefore…

2Cases cited5 opinions

  1. Ross v. Consumers Power Co.Michigan Supreme Court · 1985
  2. Fuhrmann v. HattawayMichigan Court of Appeals · 1981
  3. Pomilee v. City of DetroitMichigan Court of Appeals · 1982
  4. Adams v. Northville State HospitalMichigan Court of Appeals · 1983
  5. Knapp v. MorenoMichigan Court of Appeals · 1984

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