Opinion

Belmont v. Forest Hills Public Schools

  • 114 Mich. App. 692
  • 319 N.W.2d 386
Court
Michigan Court of Appeals
Filed
Apr 6, 1982
Status
Published
Author
Burns
On the bench
Burns, Kelly
Cited by
18 cases
Authority
More cited than 9.8%

The opinion

T. M. Burns, P.J.

(dissenting). Respectfully, I dissent. Injuries resulting from a defective or dangerous condition of a public building do give rise to a cause of action against the governmental agency charged with the obligation to repair and maintain *699 that public building. MCL 691.1406; MSA 3.996(106). In Bush v Oscoda Area Schools, 405 Mich 716 ; 275 NW2d 268 (1979), the Supreme Court held that a school district may be liable under this statute for the dangerous or defective condition of a building on account of improper design, faulty construction or the absence of safety devices. It is for a trier of fact to determine whether a building or room is defective in fact and, if so, whether the defect was the cause of the plaintiffs injuries. Id.

Plaintiffs argue that the injuries sustained in this case were the result of a defect in the design of a classroom. Specifically, plaintiffs claim that the injuries were a direct result of the failure of the defendant school to provide safety devices for attaching chalkboard erasers to the chalkboards in the classroom. Whether such safety devices should have been designed and utilized is a question of fact. Many persons reasonably may contend that the absence of such safety devices does not give rise to a cause of action. However, it was inappropriate for the trial judge to decide this question on a motion for summary judgment. The motion involved a question of material fact that should have been left to the jury.

I dissent and would reverse and remand this cause for a trial.

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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