Tryc v Michigan Veterans’ Facility

I respectfully dissent. I believe that a narrow construction of the public hospital exception to the governmental immunity statute compels the conclusion that the Michigan Veterans’ Facility is not a “hospital.” The facility does not provide “active treatment” of conditions “requiring the daily direction or supervision of a physician.” (Emphasis added.)1 For this reason, I conclude that the facility is protected by governmental immunity because the public hospital exception does not apply. I would affirm the decision of the Court of Appeals.

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The Michigan Veterans’ Facility was established by…