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WHITE v. BEASLEY

Docket No. 101350, Calendar No. 5.

552 N.W.2d 1 (1996)

453 Mich. 308

Sheila WHITE, Personal Representative of the Estate of Phoebe Obleton, Deceased, Plaintiff-Appellee, v. Keith D. BEASLEY, Defendant-Appellant, and Hope Humbert and Ronald Johnson, Defendants.

Supreme Court of Michigan.

Decided August 1, 1996.

Attorney(s) appearing for the Case

Lopatin, Miller, Freedman, Bluestone, Herskovic & Heilmann by Richard E. Shaw, Detroit, for plaintiff.

City of Detroit by Phyllis A. James and Sharon D. Blackmon, Detroit, for defendant Beasley.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Michael C. McDaniel, Assistant Attorney General, for the Attorney General, Lansing, Tort Defense Division, amici curiae.

O'Connor, DeGrazia & Tamm, P.C. by Julie McCann-O'Connor and James I. De-Grazia, Bloomfield Hills, for amicus curiae Michigan Municipal League and Michigan Municipal Liability and Property Pool.

Mark Granzotto, Detroit, and Jeffrey T. Meyers, Detroit, for amicus curiae Michigan Trial Lawyers Association.

Opinion

BRICKLEY, Chief Justice.

This case requires that we decide if the public-duty doctrine should still be recognized in Michigan and, if it should, to define the limits of the special-relationship exception to that doctrine as applied to police officers. We conclude that the public-duty doctrine remains valid in Michigan. We also conclude that the most appropriate special-relationship test for examining the relationship between police officers and private...

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