Elsag Bailey, Inc. v. City of Detroit, Mich.

OPINION AND ORDER AS TO DEFENDANTS’ MOTION TO DISMISS (Fed.R. Civ.P.12 (b)(6))

FEIKENS, District Judge.

I.Jurisdiction

Jurisdiction in this case is based on diversity of citizenship; the parties are completely diverse and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332. Application of Michigan law to the facts is required. Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938).

II.Holding

In this opinion I hold that the doctrine of governmental immunity 1 bars plaintiff Elsag Bailey’s (Bailey) common law tort claims against defendant City of Detroit (the City).…