Parvu v. Harrison Township Fire Department

D. E. Holbrook, P. J.

(concurring in part). This writer concurs in the result in the opinion of the majority in the instant case. However, this writer cannot agree with footnote 1 of the majority opinion which indicates that the trial court technically erred by granting a motion for accelerated judgment pursuant to GCR 1963, 116.1(5) rather than summary judgment pursuant to GCR 1963, 117.2(1). This writer has recently considered this problem and concluded that accelerated judgment is the proper vehicle to raise the defense of governmental immunity. Robinson v Emmet County Road Commission, 72 Mich App 623, 634-637; 251 NW2d 90 (1976). See also Lockaby v Wayne County, 63 Mich App 185, 187, fn 1; 234 NW2d 444 (1975), Buddy v Department of Natural Resources, 59 Mich App 598, 599, fn 1; 229 NW2d 865 (1975), Bloss v Williams, 15 Mich App 228, 231; 166 NW2d 520 (1968). Nevertheless, there was no prejudice and any technical impropriety does not result in reversible error. Buddy, supra, Bloss, supra. Compare Robinson, supra. This writer would fully affirm the trial court’s grant of accelerated judgment.