Legal Opinion

Eberhard v. St Johns Public Schools

Michigan Court of Appeals

Decided May 21, 1991No. Docket 129039PublishedCited by 8 opinions

1Per curiam

Plaintiff appeals as of right from a circuit court order granting defendant’s motion for summary disposition on the bases of governmental immunity and lack of a genuine issue of material fact. MCR 2.116(C)(7), (10). We affirm.

Plaintiff Daniel J. Eberhard, a twelve-year-old child, was injured playing basketball on the Perrin-Palmer Elementary School playground. The basketball hoop fell and struck the child.

The broad construction of the public building exception to governmental immunity, MCL 691.1406; MSA 3.996(106), urged by plaintiff does not comport with Reardon v Dep’t of Mental Health, 430…

2Cases cited7 opinions

  1. Ross v. Consumers Power Co.Michigan Supreme Court · 1985
  2. Reardon v. Department of Mental HealthMichigan Supreme Court · 1988
  3. Pichette v. Manistique Public SchoolsMichigan Supreme Court · 1978
  4. Yarrick v. Village of Kent CityMichigan Court of Appeals · 1989
  5. Hall v. Detroit Board of EducationMichigan Court of Appeals · 1990

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

3Cited by8 opinions

  1. Wade v. Department of CorrectionsMichigan Supreme Court · 1992
  2. Horace v. City of PontiacMichigan Supreme Court · 1998
  3. Richardson v. Warren Consolidated School DistrictMichigan Court of Appeals · 1992
  4. Maurer v. Oakland County Parks & Recreation DepartmentMichigan Court of Appeals · 1993
  5. Horace v. City of PontiacMichigan Supreme Court · 1998

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

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