a mentally retarded resident drowned in the bath due to an improper design of the shower and bath
How later courts described this case
- a mentally retarded resident drowned in the bath due to an improper design of the shower and bath
- “Clearly, there may be more than one proximate cause of an injury.”
Written by the judges who cited it.
Later courts went against this
Overruled in part, on other grounds by Renny v. Department of Transportation, 478 Mich. 490 (2007)
440 NW2d 97 (1989) (“Clearly, there may be more than one proximate cause of an injury.”), overruled in part on other grounds by Renny v Mich Dep’t of Transp, 478 Mich 490
The opinion
M. Warshawsky, J.
(dissenting). I respectfully dissent.
I find that plaintiffs’ claim is barred by governmental immunity. I do not agree that there was a defect in the building. Rather, I conclude that this was solely a case of poor supervision, which does *761 not fall within the building exception to governmental immunity. I would reverse the lower court judgment in plaintiffs’ favor and dismiss plaintiffs’ claim.