Legal Opinion
Gerzeski v. Department of State Highways
Michigan Court of Appeals
Decided March 23, 1976No. Docket 22209, 22210PublishedCited by 10 opinions
1Opinion of the CourtN. J. Kaufman, J.
Defendants appeal a judgment entered against them by the Court of Claims. This is one of those troublesome cases, so conducive to making bad law. It involves the tragic deaths of three individuals for whose survivors the law of governmental immunity must deny legal recourse. Our sympathies naturally run to the plaintiffs. The law, unfortunately, does not.
In 1966, the Michigan State Highway Department purchased two tracts of land in Arenac County. From this land, the department removed dirt to be used in the nearby construction of 1-75. The excavation resulted in a borrow pit which, having…
2Cases cited19 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Buckeye Union Fire Insurance v. StateMichigan Supreme Court · 1970
- McDowell v. State Highway CommissionerMichigan Supreme Court · 1961
- Bluemer v. Saginaw Central Oil & Gas Service, Inc.Michigan Supreme Court · 1959
- Daniels v. Board of EducationMichigan Supreme Court · 1916
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rosario v. City of LansingMichigan Supreme Court · 1978
- Gerzeski v. Department of State HighwaysMichigan Supreme Court · 1978
- Affiliated FM Insurance v. Department of State Highways & TransportationMichigan Court of Appeals · 1978
- Taggie v. Department of Natural ResourcesMichigan Court of Appeals · 1979
- Wojtasinski v. City of SaginawMichigan Court of Appeals · 1977
5 more not listed; retrieve them via the Exa API.