Mason v. Rosen

Plaintiff appeals orders for summary judgment granted in favor of each defendant dismissing her complaint for wrongful death on the basis of governmental immunity. Plaintiff’s appeal of the summary judgment granted in defendant Shur’s favor is of right. (Docket No. 56239.) Her appeal of the summary judgment granted in defendant Rosen’s favor is by leave granted. (Docket No. 57077.) The two cases were ordered consolidated by this Court on July 14, 1981.

When governmental immunity forms the basis of a motion for summary judgment, the burden is upon the plaintiff to plead facts in avoidance of…