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SANCHEZ v. MICH. DEPT. OF MENTAL HEALTH

Docket No. 101591, Calendar No. 7.

565 N.W.2d 358 (1997)

455 Mich. 83

Francine Cullari de SANCHEZ & Steven Jason, Co-personal Representatives of the estate of Thomas A. Baltus, deceased, Plaintiffs-Appellants, v. MICHIGAN DEPARTMENT OF MENTAL HEALTH, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Lopatin, Miller, Freedman, Bluestone, Herskovic, Heilmann & Domol by Richard E. Shaw, Southfield, for plaintiffs-appellants.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Alan F. Hoffman, Assistant Attorney General, Lansing, for defendant-appellee.

OPINION

BOYLE, Justice.

We granted leave in this case to determine whether a defense of proper supervision may bar a true building defect claim under the public building exception to governmental immunity. Finding it does not, we reverse the decision of the Court of Appeals and remand this case to the trial court for further proceedings consistent with this opinion.1

I

On March 11, 1983, plaintiffs' decedent...

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