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CURRY v. CITY OF DETROIT

Docket No. 54806, (Calendar No. 12).

394 Mich. 327 (1975)

231 N.W.2d 57

CURRY v. CITY OF DETROIT

Supreme Court of Michigan.

Decided June 24, 1975.

Attorney(s) appearing for the Case

Goodman, Eden, Millender, Goodman & Bedrosian and Blum, Graber, Meklir, Pianin & Rosenberg, P.C. (Neal Bush, of counsel), for plaintiff.

Robert Reese, Corporation Counsel, and John E. Cross and Maureen P. Reilly, Assistants Corporation Counsel, for defendant.

Amici Curiae:

Elliott S. Hall, for National Association for the Advancement of Colored People, Detroit Chapter.

Lopatin, Miller, Bindes & Freedman (by Michael A. Gantz).

Aloysius J. Suchy, Corporation Counsel, and Adam P. Angelas and David J. Curran, Assistants Corporation Counsel, for Wayne County.

M.S. COLEMAN, J.

This constitutional test of governmental immunity arises from a summary judgment of the trial court which dismissed the cause as res judicata.

We affirm.

I. Facts

In a complaint filed January 15, 1971, plaintiff claimed that his son's injuries resulted from the negligence of the city1 from which he asks one million dollars. The city's motion for summary judgment was based on its claim of...

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