Opinion

Velmer v. Baraga Area Schools

  • 157 Mich. App. 489
  • 403 N.W.2d 171
Court
Michigan Court of Appeals
Filed
Feb 2, 1987
Status
Published
Author
Cynar
On the bench
Allen, Cynar, Livo
Cited by
11 cases
Authority
More cited than 8.4%

Reversed on other grounds by Velmer v. Baraga Area Schools, 430 Mich. 385 (1988)

distinguishing intentional, negligent omissions from intentional, negligent commissions

How later courts described this case

  • distinguishing intentional, negligent omissions from intentional, negligent commissions

Written by the judges who cited it.

Distinguished

  • Distinguished by Chapin v. Coloma Township, 163 Mich. App. 614 (1987)

    We also distinguish Velmer on the ground that the dangerous condition in that case was latent.
    Michigan Court of AppealsJun 25, 1987Read it

The opinion

Cynar, J.

(concurring in part and dissenting in part). I agree concerning the intentional nuisance exception that the factual basis presented does not *503 support plaintiffs claim of intentionally created nuisance.

However, I must respectfully dissent with the majority holding on the defective building exception issue. It can hardly be construed that reliance on Green v Dep’t of Corrections, 30 Mich App 648 ; 186 NW2d 792 (1971), aff'd 386 Mich 459 ; 192 NW2d 491 (1971), in the case before us amounts to stretching a holding beyond its applicability. While the milling machine in Green was anchored securely to the floor, the weight of the machine in this matter affixed the machine to the floor, perhaps even more securely. I would hold the trial court erred in granting summary disposition on this issue.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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