Berger v. City of Berkley

This author and Judge Bronson, who writes separately, concur in the opinion of Judge T. M. Burns except that portion thereof holding that the defense of "governmental immunity” does not apply to the municipal defendants themselves. We simply cannot agree that the police training exercise being conducted when plaintiff was struck in the face by rice pellets was not a governmental function. Therefore, we would affirm the grant of summary judgment in favor of those municipalities and police departments not in default. In all other respects we agree with Judge Burns’s opinion.1

The pertinent…