Maki v. City of East Tawas

Plaintiff1 sued defendant, city of East Tawas, for damages arising from the loss of an eye resulting from an explosion while he was at the East Tawas municipal dump on December 4, 1965. The claim was originally based upon negligence, but additional counts of gross negligence and nuisance were later added. The defendant filed a motion for an accelerated judgment asserting that PA 1964, No 170, § 7 (MCLA § 691.1407 [Stat Ann 1969 Cum Supp § 3.996(107)]), relative to governmental immunity, bars the cause of action. The circuit judge denied the defendant’s motion stating that the aforesaid § 7…