ERNESTINE RAY V STATE OF MICHIGAN

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STATE OF MICHIGAN COURT OF APPEALS ERNESTINE RAY, Personal Representative of the Estate of CLIFFORD BERNARD RAY, Deceased, UNPUBLISHED February 19, 2002 Plaintiff-Appellant, v No. 227926 Court of Claims LC No. 98-017034-CM STATE OF MICHIGAN, Defendant-Appellee. Before: Smolenski, P.J., and Doctoroff and Owens, JJ. MEMORANDUM. Plaintiff appeals as of right the judgment of no cause of action. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). Plaintiff’s decedent was a prison inmate, who committed suicide at the Huron Valley Men’s Facility. Plaintiff brought this action alleging that the cell was defective, and fell within the public building exception to governmental immunity. MCL 691.1406. However, in Brown v Genesee Bd of Commr’s, 464 Mich 430, 440; 628 NW2d 471 (2001), our Supreme Court held that while jails are open for use by the members of the public, an inmate is not a member of the public as contemplated by our Legislature in enacting the public building exception. Thus, because plaintiff’s decedent was a prisoner, he was not a member of the public, as necessary to rely on the public building exception to governmental immunity. Id. Consequently, plaintiff’s action is barred by governmental immunity.1 Affirmed. /s/ Michael R. Smolenski /s/ Martin D. Doctoroff /s/ Donald S. Owens 1 We may affirm where the trial court reaches the right result, but for the wrong reason. People v Jory, 443 Mich App 403, 425; 505 NW2d 228 (1993). -1-

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