Opinion

Dagen v. Village of Baldwin

  • 159 Mich. App. 620
  • 406 N.W.2d 889
Court
Michigan Court of Appeals
Filed
Apr 22, 1987
Status
Published
Author
Shepherd
On the bench
Holbrook, Shepherd, Roberson
Cited by
9 cases

Criticized by Kerbersky v. Northern Michigan University, 458 Mich. 525 (1998)

plaintiffs were third-party beneficiaries to a contract which provided that a class of persons including them "shall not be assigned to perform work that entails a significant degree of risk to life or health.”

How later courts described this case

  • plaintiffs were third-party beneficiaries to a contract which provided that a class of persons including them "shall not be assigned to perform work that entails a significant degree of risk to life or health.”

Written by the judges who cited it.

Later courts went against this

  • Criticized by Kerbersky v. Northern Michigan University, 458 Mich. 525 (1998)

    We expressly reject dicta in Dudek and Dagen v Village of Baldwin, 159 Mich App 620, 625; 406 NW2d 889 (1987),10 suggesting that construction workers may be barred from invoking the public building exception because they are not members of the public.
    Michigan Supreme CourtJul 30, 1998Read it

The opinion

Shepherd, J.

(concurring). I am satisfied that the *631 building in question was a public building. However, there was no testimony that the roof itself was defective and consequently I conclude that plaintiff failed to establish a claim in avoidance of governmental immunity. I agree with the balance of the majority opinion.

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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