JERZINE BARR V HURON-CLINTON METRO AUTH
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STATE OF MICHIGAN
COURT OF APPEALS
JERZINE BARR,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 177694
Wayne Circuit Court
LC No. 93-316853-NI
HURON-CLINTON METROPOLITAN
AUTHORITY and RANGER WROBEL,
Defendants-Appellants.
Before: Marilyn Kelly, P.J., and MacKenzie and J.R. Ernst,* JJ.
MARILYN KELLY, P.J. (concurring in part and dissenting in part).
I agree with the majority that the denial of summary disposition for Ranger Wrobel should be
reversed. However, I would affirm the trial court’s decision as to defendant Huron-Clinton
Metropolitan Authority.
This case is similar on its facts to Singerman v Municipal Service Bureau, Inc, 211 Mich App
678; 536 NW2d 547 (1995), lv gtd. Here, given the purpose that the restroom served, only proper
lighting could have remedied the alleged defective or dangerous condition and made the restroom safe
for park patrons. The mere fact that a park employee could have switched on the light with a key does
not bring plaintiff’s claim within the “supervision” and “janitorial” line of cases. Plaintiff’s claim against
the HCM Authority is more closely related to a defect in a public building than to safety in public
buildings.
The fact that the HCM Authority may have chosen to maintain proper lighting through the use of
a key-operated switch should not, as a matter of law, preclude application of a public building
exception. A safe restroom may require proper lighting, and the lighting system itself is part of the public
building.
Looking solely to the allegations in the second amended complaint, I conclude that plaintiff
alleged sufficient facts to avoid summary disposition based on the public building exception.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ Marilyn Kelly
-2
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