# Velmer v. Baraga Area Schools

> Michigan Court of Appeals · February 2, 1987 · 157 Mich. App. 489

URL: https://www.frixlaw.com/law-library/cases/9689012

## Case

- **Full name:** Velmer v. Baraga Area Schools
- **Court:** Michigan Court of Appeals
- **Decided:** February 2, 1987
- **Citations:** 157 Mich. App. 489; 403 N.W.2d 171
- **Precedential status:** Published
- **Opinion:** Concurring in part by Livo
- **Judges:** Allen, Cynar, Livo
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Velmer v. Baraga Area Schools, 430 Mich. 385 (1988).
- Negative treatments: 1
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9689012

## Opinion text

R. C. Livo, J.
(concurring in part and dissenting in part). I concur in the result reached by the lead opinion. I write separately because I respectfully disagree with the lead opinion’s reliance on Furness v Public Service Comm, 100 Mich App 365 ; 299 NW2d 35 (1980).
I disagree with Furness and the lead opinion to the extent they hold that conduct amounting to refusal to act to cure a known danger is conduct protected by governmental immunity. 1
I agree instead with Landry v Detroit, 143 Mich App 16 ; 371 NW2d 466 (1985), where this Court held that a refusal to install necessary metal detectors stated a claim in avoidance of immunity. A refusal to use reasonably available means to avoid a known danger is a commissive act originating in the intent not to act.
I concur in the result reached by the lead opinion because, as noted in the lead opinion, under the facts of this case, Baraga Area Schools neither *504 knew nor should have known that without a point-of-operation guard harm would follow. Thus, the conduct of Baraga Area Schools was omissive only and is protected by governmental immunity.
I note that the plaintiff in Furness did not allege knowing neglect to order installation of necessary railroad crossings. Furness , p 367.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9689012. Public record. Not legal advice.