DOUGLAS WRAY V CITY OF LANSING
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STATE OF MICHIGAN
COURT OF APPEALS
DOUGLAS WRAY and CATHY L. WRAY,
UNPUBLISHED
March 15, 2007
Plaintiffs-Appellants,
v
No. 272868
Ingham Circuit Court
LC No. 05-001409-CH
CITY OF LANSING,
Defendant-Appellee.
Before: Fort Hood, P.J., and White and Borrello, JJ.
WHITE, J. (concurring).
I agree that dismissal of the constitutional claim was proper because plaintiffs failed to
establish a deprivation of due process.
Regarding plaintiffs’ remaining claims, I note that plaintiffs sued only the City and not
the individuals alleged to have been grossly negligent. Rather, plaintiffs assert that defendant
City of Lansing is vicariously liable for the gross negligence of various individual employees. I
conclude that dismissal of the vicarious liability claims based on gross negligence and
conversion was proper because the individuals were engaged in a governmental function, MCL
691.1407(2)(b), and the gross negligence limitation on governmental immunity applies only to
employees of, officers of, members of, or volunteers for governmental agencies, and not to the
governmental agency itself. Gracey v Wayne County Clerk, 213 Mich App 412, 420; 540 NW2d
710 (1995), citing MCL 691.1407(2), overruled in part on other grounds American
Transmissions v Attorney General, 454 Mich 135, 143; 560 NW2d 50 (1997).
/s/ Helene N. White
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