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MCLEAN v. McELHANEY

Docket No. 290781.

798 N.W.2d 29 (2010)

McLEAN v. McELHANEY.

Court of Appeals of Michigan.

Decided August 26, 2010, at 9:25 a.m.

Attorney(s) appearing for the Case

White, Clark & Mock (by Daniel W. White , Alpena) for Donald and Christine McLean.

Johnson, Rosati, LaBarge, Aseltyne & Field (by Christopher J. Johnson and Marcelyn A. Stepanski ), Farmington Falls, for Maureen Phenix, Samuel W. Harma, and Hiawatha Behavioral Health.

Cohl, Stoker, Toskey & McGlinchey, P.C. (by Bonnie G. Toskey ), Lansing, and Allan Falk, P.C. (by Allan S. Falk ), Okemos, for the Michigan Association of Community Mental Health Boards.

Before: WHITBECK, P.J., and SAWYER and BORRELLO, JJ.

BORRELLO, J.

This case requires this Court to construe the "medical care or treatment" exception to governmental immunity, MCL 691.1407(4). Defendants appeal as of right the trial court's denial of their motion for summary disposition. In denying defendants' motion, the trial court concluded that the "medical care or treatment" exception to governmental immunity applied and that plaintiffs' claims against defendants were therefore not barred by governmental immunity...

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