Merritt v. Department of Social Services

Merritt v. Dep't of Soc. Servs., 459 N.W.2d 10 (Mich. Ct. App. 1990)

Court: Michigan Court of Appeals · State Appellate Courts
Decided: February 8, 1990
Docket: No. 110802
Judges: Reilly, Cynar, Burns
Citations: 459 N.W.2d 10184 Mich. App. 522

Cited by 7 2 descriptions by later courts

Opinion — Per Curiam

Per Curiam.

This is an action for injuries suffered by plaintiff Inez Merritt when she slipped and fell on an accumulation of ice in a parking lot maintained by defendant Department of Social Services and located adjacent to defendant’s building. In their complaint, plaintiffs relied on the public building exception to governmental immunity, MCL 691.1406; MSA 3.996(106). The trial court granted defendant’s motion for summary disposition, and plaintiffs appeal as of right. We affirm.

Relying on Tilford v Wayne Co General Hosp, 403 Mich 293 ; 269 NW2d 153 (1978), plaintiffs argue that the parking lot in this case is a "passageway” into defendant’s building and ice on a passageway to a public building constitutes a dangerous or defective condition coming within the public building exception to governmental immunity. We disagree.

The scope of the public building exception has been narrowed considerably since Tilford, supra.

See Reardon v Dep’t of Mental Health, 430 Mich 398 ; 424 NW2d 248 (1988). The Tilford Court held that an entrance way to a public building fell within the exception. While the holding in Tilford, supra, may still be viable since Reardon, supra, this Court has not extended the reach of the exception to parking lots, particularly where, as here, the facts indicate that entry and exit from defendant’s building is not possible directly from the parking lot, but must rather be done from an entrance off of a sidewalk. See Abrams v Schoolcraft Community College, 178 Mich App 668 ; 444 *524 NW2d 533 (1989) (slip and fall on ice in school parking lot); see also Hendricks v Southfield Public Schools, 178 Mich App 672 ; 444 NW2d 143 (1989) (fall from snow pile in school playground).

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(an accumulation of ice on a parking lot maintained by the defendant was not within the public building exception; the scope of the exception was narrowed since Tilford)

Wade v. Dep't of Corr., 483 N.W.2d 26 (Mich. 1992)

Cited by 7 cases

View all citing references →

Relies on it most ⓘ

Puroll v. City of Madison Heights468 N.W.2d 52 (Mich. Ct. App. 1991)
Wade v. Department of Corrections483 N.W.2d 26 (Mich. 1992)
Horace v. City of Pontiac575 N.W.2d 762 (Mich. 1998)
Pierce v. City of Lansing694 N.W.2d 65 (Mich. Ct. App. 2005)
Richardson v. Warren Consolidated School District496 N.W.2d 380 (Mich. Ct. App. 1992)
Pierce v. City of Lansing694 N.W.2d 65 (Mich. Ct. App. 2005)

Most recent

Renny v. Department of Transportation716 N.W.2d 1 (Mich. Ct. App. 2006)
Pierce v. City of Lansing694 N.W.2d 65 (Mich. Ct. App. 2005)
Pierce v. City of Lansing694 N.W.2d 65 (Mich. Ct. App. 2005)
Horace v. City of Pontiac575 N.W.2d 762 (Mich. 1998)
Richardson v. Warren Consolidated School District496 N.W.2d 380 (Mich. Ct. App. 1992)
Wade v. Department of Corrections483 N.W.2d 26 (Mich. 1992)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Tilford v. Wayne Cnty. Gen. Hosp., 269 N.W.2d 153 (Mich. 1978)	19
	Reardon v. Dep't of Mental Health, 424 N.W.2d 248 (Mich. 1988)	73
	Hendricks v. Southfield Pub. Schs., 444 N.W.2d 143 (Mich. Ct. App. 1989)	1
	Abrams v. Schoolcraft Cmty. Coll., 444 N.W.2d 533 (Mich. Ct. App. 1989)	9
	Reinhardt v. Milwaukee Mut. Ins. Co., 524 N.W.2d 531 (Minn. Ct. App. 1994)	3

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