Legal Opinion
McCann v. Michigan
Michigan Supreme Court
Decided November 23, 1976No. 54983, (Calendar No. 6)PublishedCited by 120 opinions
1Opinion of the CourtKavanagh, C. J.
I agree with my brothers that there is no defense of governmental immunity available to the State of Michigan and its departments in this case. I do not believe the day-to-day operation of a hospital is a governmental function. See Thomas v Department of State Highways, 398 Mich 1; 247 NW2d 530 (1976) (opinion of Fitzgerald, J. and Kavanagh, C. J.)
However, the conclusion that defendants were not engaged in "the exercise or discharge of a governmental function”, per the governmental immunity act, 1964 PA 170; MCLA 691.1401 et seq.; MSA 3.996(101) et seq., is not determinative of the state’s…
2Cases cited24 opinions
- Williams v. City of DetroitMichigan Supreme Court · 1961
- Pompey v. General Motors Corp.Michigan Supreme Court · 1971
- Thomas v. Department of State HighwaysMichigan Supreme Court · 1976
- Buckeye Union Fire Insurance v. StateMichigan Supreme Court · 1970
- Bradley v. StevensMichigan Supreme Court · 1951
19 more not listed; retrieve them via the Exa API.
3Cited by120 opinions
- Ross v. Consumers Power Co.Michigan Supreme Court · 1985
- Odom v. Wayne CountyMichigan Supreme Court · 2008
- MacK v. City of DetroitMichigan Supreme Court · 2002
- Smith v. Department of Public HealthMichigan Supreme Court · 1987
- Hyde v. University of Michigan Board of RegentsMichigan Supreme Court · 1986
115 more not listed; retrieve them via the Exa API.