KANESIA PRYOR V PONTIAC HOUSING COMMISSION INC
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STATE OF MICHIGAN
COURT OF APPEALS
KANESIA PRYOR, Next Friend of ROBERT
BELL, JR., a Minor,
UNPUBLISHED
January 5, 2001
Plaintiff-Appellant,
v
No. 217327
Oakland Circuit Court
LC No. 96-533865-NO
PONTIAC HOUSING COMMISSION, INC.,
Defendant-Appellee.
Before: Saad, P.J., and White and Hoekstra, JJ.
MEMORANDUM.
Plaintiff appeals by leave granted the trial court’s order granting defendant’s motion for
summary disposition pursuant to MCR 2.116(C)(7). We remand for further action.
Plaintiff’s complaint asserted a claim for negligence and, at the summary disposition
hearing, the trial court granted defendant’s motion because defendant, a governmental entity
engaged in a governmental function, is immune from plaintiff’s negligence claims. MCL
691.1407; MSA 3.996(107). At oral argument, plaintiff conceded that summary disposition was
properly granted on the negligence claim.
However, the record shows that at the summary disposition hearing plaintiff expressed a
belief that the claim pleaded also sounded in contract and that if the court did not agree, then
plaintiff desired to amend the complaint to add a breach of contract claim. The trial court failed
to rule on this request. In plaintiff’s brief on appeal, she asserts that she has a viable claim for
breach of contract. Because the trial court failed to make any ruling regarding plaintiff’s request
to amend, this issue is premature for our review. Without a record, we are unable to determine
whether sufficient grounds existed to deny plaintiff the opportunity to amend her complaint. See
MCR 2.118(A)(2) (Leave to amend a pleading “shall be freely given when justice so requires.”);
Knauff v Oscoda County Drain Com'r, 240 Mich App 485, 493; 618 NW2d 1 (2000) (“The rules
pertaining to amendment of pleadings are liberally construed and are designed to facilitate
amendment except when prejudice would result to the opposing party.”). Thus, we remand to the
trial court to allow plaintiff to move to amend the complaint, for a ruling from the trial court, and
for any necessary further action.
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Remanded. We do not retain jurisdiction.
/s/ Henry William Saad
/s/ Helene N. White
/s/ Joel P. Hoekstra
-2-
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