act does not grant immunity (Michigan) · Go Syfert
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act does not grant immunity in Michigan

6 Michigan opinions name it 2 courts 1986–2022 1 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Negri v. Slotkingreen
mich · 1976 · cited in 1 Michigan opinions naming this issue, 1987–1987
2 sentences

1987See Negri v Slotkin, 397 Mich 105 ; 244 NW2d 98 (1976). [15] SJI2d 53.03. [16] MCL 600.6306; MSA 27A.6306, added by 1986 PA 178 . [17] 1986 PA 178 , § 3(3). [18] Kovacs, supra, pp 649-650 . [19] Id., p 649. [20] Id., p 650. [21] MCL 600.6303, 600.6306; MSA 27A.6303, 27A.6306, added by 1986 PA 178 . [22] Kovacs, supra, p 650 . [23] (f) "Governmental function" is an activity which is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law. [MCL 691.1401(f); MSA 3.996(101)(f).] (4) This act does not grant immunity to a governmental agency w

1987See Negri v Slotkin, 397 Mich 105 ; 244 NW2d 98 (1976). [15] SJI2d 53.03. [16] MCL 600.6306; MSA 27A.6306, added by 1986 PA 178 . [17] 1986 PA 178 , § 3(3). [18] Kovacs, supra, pp 649-650 . [19] Id., p 649. [20] Id., p 650. [21] MCL 600.6303, 600.6306; MSA 27A.6303, 27A.6306, added by 1986 PA 178 . [22] Kovacs, supra, p 650 . [23] (f) "Governmental function" is an activity which is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law. [MCL 691.1401(f); MSA 3.996(101)(f).] (4) This act does not grant immunity to a governmental agency w

11
Scudder v. Annapolis Hospitalgreen
michctapp · 1983 · cited in 1 Michigan opinions naming this issue, 1986–1986
2 sentences

1986See n 4. [18] But see Scudder v Annapolis Hospital, 129 Mich App 280 ; 341 NW2d 504 (1983). [1] MCL 691.1407(4); MSA 3.996(107)(4) provides: This act does not grant immunity to a governmental agency with respect to the ownership or operation of a hospital or county medical care facility or to the agents or employees of such hospital or county medical care facility.

1986See n 4. [18] But see Scudder v Annapolis Hospital, 129 Mich App 280 ; 341 NW2d 504 (1983). [1] MCL 691.1407(4); MSA 3.996(107)(4) provides: This act does not grant immunity to a governmental agency with respect to the ownership or operation of a hospital or county medical care facility or to the agents or employees of such hospital or county medical care facility.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
MacK v. City of Detroit red
mich · 2002
2 sentences

2022Plaintiff seeks to avoid governmental immunity by using the governmental-hospital exception, which provides, in relevant part, “This act does not grant immunity to a governmental agency or an employee or agent of a governmental agency with respect to providing medical care or treatment -4- to a patient . . . .” MCL 691.1407(4). “[I]t is the responsibility of the party seeking to impose liability on a governmental agency to demonstrate that its case falls within one of the exceptions.” Mack v Detroit, 467 Mich 186, 201 ; 649 NW2d 47 (2002).

2022Plaintiff seeks to avoid governmental immunity by using the governmental-hospital exception, which provides, in relevant part, “This act does not grant immunity to a governmental agency or an employee or agent of a governmental agency with respect to providing medical care or treatment -4- to a patient . . . .” MCL 691.1407(4). “[I]t is the responsibility of the party seeking to impose liability on a governmental agency to demonstrate that its case falls within one of the exceptions.” Mack v Detroit, 467 Mich 186, 201 ; 649 NW2d 47 (2002).

12022–2022
Briggs v. Oakland County green
michctapp · 2007
2 sentences

2010The “medical care or treatment” exception to governmental immunity provides: This act does not grant immunity to a governmental agency or an employee or agent of a governmental agency with respect to providing medical care or treatment to a patient, except medical care or treatment provided to a patient in a hospital owned or operated by the department of community health or a hospital owned or operated by the department of corrections and except care or treatment provided by an uncompensated search and rescue operation medical assistant or tactical operation medical assistant. [MCL 691.1407(4

2010The “medical care or treatment” exception to governmental immunity provides: This act does not grant immunity to a governmental agency or an employee or agent of a governmental agency with respect to providing medical care or treatment to a patient, except medical care or treatment provided to a patient in a hospital owned or operated by the department of community health or a hospital owned or operated by the department of corrections and except care or treatment provided by an uncompensated search and rescue operation medical assistant or tactical operation medical assistant. [MCL 691.1407(4

12010–2010
Ross v. Consumers Power Co. yellow
mich · 1985
1 sentence

1998However, as we observed in Ross, supra at 618-619 , 363 N.W.2d 641 , the Legislature's disparate treatment of public and private tortfeasors is not unjustifiable per se. [16] M.C.L. § 691.1407(4); M.S.A. § 3.996(107)(4) (emphasis added). [17] As long as the agent satisfies the requisite elements set forth in subsection 7(2). [18] We note that subsection 7(4) does not state the following: This act does not grant immunity to a governmental agency with respect to the ownership or operation of a hospital ... or to the agents or employees of such hospital [ only while working at such hospital]. [19

11998–1998
Caterpillar, Inc v. Department of Treasury green
mich · 1992
2 sentences

1996Caterpillar, Inc v Dep’t of Treasury, 440 Mich 400, 413 ; 488 NW2d 182 (1992); Michigan Soft Drink Ass’n v Dep’t of Treasury, 206 Mich App 392, 401 ; 522 NW2d 643 (1994).

1996Caterpillar, Inc v Dep’t of Treasury, 440 Mich 400, 413 ; 488 NW2d 182 (1992); Michigan Soft Drink Ass’n v Dep’t of Treasury, 206 Mich App 392, 401 ; 522 NW2d 643 (1994).

11996–1996
Michigan Soft Drink Ass'n v. Department of Treasury green
michctapp · 1994
2 sentences

1996Caterpillar, Inc v Dep’t of Treasury, 440 Mich 400, 413 ; 488 NW2d 182 (1992); Michigan Soft Drink Ass’n v Dep’t of Treasury, 206 Mich App 392, 401 ; 522 NW2d 643 (1994).

1996Caterpillar, Inc v Dep’t of Treasury, 440 Mich 400, 413 ; 488 NW2d 182 (1992); Michigan Soft Drink Ass’n v Dep’t of Treasury, 206 Mich App 392, 401 ; 522 NW2d 643 (1994).

11996–1996
Kovacs v. Chesapeake & Ohio Railway Co. green
mich · 1986
2 sentences

1987Kovacs, supra, p 650 . (f) "Governmental function” is an activity which is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law. [MCL 691.1401(0; MSA 3.996(101)(f).] (4) This act does not grant immunity to a governmental agency with respect to the ownership or operation of a hospital or county medical care facility or to the agents or employees of such hospital or county medical care facility.

1987See Negri v Slotkin, 397 Mich 105 ; 244 NW2d 98 (1976). [15] SJI2d 53.03. [16] MCL 600.6306; MSA 27A.6306, added by 1986 PA 178 . [17] 1986 PA 178 , § 3(3). [18] Kovacs, supra, pp 649-650 . [19] Id., p 649. [20] Id., p 650. [21] MCL 600.6303, 600.6306; MSA 27A.6303, 27A.6306, added by 1986 PA 178 . [22] Kovacs, supra, p 650 . [23] (f) "Governmental function" is an activity which is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law. [MCL 691.1401(f); MSA 3.996(101)(f).] (4) This act does not grant immunity to a governmental agency w

11987–1987
De Haan v. Winter red
mich · 1932
2 sentences

1987See Negri v Slotkin, 397 Mich 105 ; 244 NW2d 98 (1976). [15] SJI2d 53.03. [16] MCL 600.6306; MSA 27A.6306, added by 1986 PA 178 . [17] 1986 PA 178 , § 3(3). [18] Kovacs, supra, pp 649-650 . [19] Id., p 649. [20] Id., p 650. [21] MCL 600.6303, 600.6306; MSA 27A.6303, 27A.6306, added by 1986 PA 178 . [22] Kovacs, supra, p 650 . [23] (f) "Governmental function" is an activity which is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law. [MCL 691.1401(f); MSA 3.996(101)(f).] (4) This act does not grant immunity to a governmental agency w

1987See Negri v Slotkin, 397 Mich 105 ; 244 NW2d 98 (1976). [15] SJI2d 53.03. [16] MCL 600.6306; MSA 27A.6306, added by 1986 PA 178 . [17] 1986 PA 178 , § 3(3). [18] Kovacs, supra, pp 649-650 . [19] Id., p 649. [20] Id., p 650. [21] MCL 600.6303, 600.6306; MSA 27A.6303, 27A.6306, added by 1986 PA 178 . [22] Kovacs, supra, p 650 . [23] (f) "Governmental function" is an activity which is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law. [MCL 691.1401(f); MSA 3.996(101)(f).] (4) This act does not grant immunity to a governmental agency w

11987–1987

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 691.1401 (6) MI § Mich. Comp. Laws § 691.1407 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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