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Municipal Corporations-Liability In Tort-Prospective Judicial Abrogation Of The Sovereign Immunity Concept, Donald E. Vacin
Municipal Corporations-Liability In Tort-Prospective Judicial Abrogation Of The Sovereign Immunity Concept, Donald E. Vacin
Michigan Law Review
Plaintiff's decedent was killed by a fall down the elevator shaft of a building owned and maintained by the City of Detroit. Plaintiff alleged that defendant city negligently failed to protect and enclose the shaft, in violation of its own ordinances, and that such failure was the proximate cause of her husband's death. The city moved to dismiss, claiming that it was engaged in a governmental function and therefore was immune from tort liability. On appeal from an order dismissing the complaint, held, affirmed by an evenly divided court. However, a majority of the court prospectively overruled the judicial …
Municipal Corporations - Tort Liability - Duty To Protect Police Informer, Cyril Moscow
Municipal Corporations - Tort Liability - Duty To Protect Police Informer, Cyril Moscow
Michigan Law Review
Decedent furnished information leading to the arrest of the notorious "Willie the Actor" Sutton. The police, after being notified of anonymous threats to decedent's person, furnished protection, which was later withdrawn. Soon afterwards, decedent was murdered by unknown assailants. Decedent's administrator brought this action to recover damages for his death, claiming that there was a failure to provide adequate police protection. The trial court dismissed the action. On appeal, held, affirmed per curiam, one justice dissenting. As a member of the general public, no duty of special protection was owed the decedent. Even assuming such a duty existed, it …