Rosario v. City of Lansing

DeAndrea Rosario, age 19 months, was found drowned in an open sewer drain in the Bethlehem Evangelical Lutheran Church parking lot on May 11, 1973. Plaintiff filed a circuit court suit against both the church and the City of Lansing, alleging what he has denominated "negligence”.1 Plaintiff later amended his *130complaint, alleging a count he has referred to on appeal as "attractive nuisance”.2

The trial court granted the City of Lansing’s motion for summary judgment grounded on governmental immunity. The Court of Appeals affirmed, Rosario v Lansing; 66 Mich App 597; 239 NW2d 428 (1976). We…