Kerbersky v. Northern Michigan University

582 N.W.2d 828, 458 Mich. 525 (1998)

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Kerbersky v. Northern Michigan University

Michigan Supreme Court
582 N.W.2d 828, 458 Mich. 525 (1998)

Facts

Gerald Kerbersky (plaintiff) was working as a welder and carpenter as part of the renovation of a building on the campus of Northern Michigan University (NMU) (defendant). Kerbersky was injured when he fell from a defective ladder permanently attached to the building. The building was an NMU administration building open to the public and remained open to the public during the renovation. The roof of the building where the defective ladder was located was not open to the public during renovation or any other time. Kerbersky filed a lawsuit against NMU to recover damages for his injury. NMU filed a motion for summary judgment, arguing that the lawsuit was barred by governmental immunity because the roof of the building was not open to the public. The trial court granted judgment in favor of NMU, finding that the roof area of the building was not open to the public or intended for public use. Kerbersky appealed to the court of appeals, which affirmed the trial court’s judgment. Kerbersky then appealed to the Michigan Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Taylor, J.)

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