Lockaby v. Wayne County

Levin, J.

James H. Lockaby’s personal injury action was dismissed by the trial court on the ground that the defendant governmental agencies and officers are immune from liability. The Court of Appeals affirmed. Our reversal and remand for trial is based on our recent decisions.

I

Lockaby commenced this action against Wayne County, its sheriff, its jail administrator, the City of Detroit, and Detroit General Hospital. He alleged that he was an inmate in the jail and was transferred to the hospital and that at one location or the other, while under the care and custody of the defendants, and due to their negligence and other wrongful conduct, he suffered injuries which caused a lesion to his spinal cord, resulting in total paralysis of his body.1

The trial judge dismissed the action, except as to the liability of the sheriff and his deputies for their personal acts. The city and hospital were held to be immune under the governmental tort liability act.2 The county was relieved of liability on the ground that the Constitution provides that a "county shall never be responsible for [the sheriffs] acts”.3 The sheriff was relieved of responsibil*75ity for acts of his subordinates on the basis of a statute providing that "[n]o sheriff shall be responsible for the acts, defaults and misconduct in office of any deputy sheriff”.**4

Lockaby then filed a five-count amended complaint.

Count I, captioned "intentional infliction of injury”, alleges that while in the custody of the county and sheriff Lockaby was "assaulted, intentionally mishandled, mistreated and physically abused by unknown and unidentified officers, guards and agents” of the defendants.

Count II, captioned "negligence”, charges lack of due care in the supervision of Lockaby and in the selection of personnel entrusted with the care and custody of persons imprisoned in the Wayne County Jail.

Count III, captioned "maintenance of a dangerous and/or defective condition in a public building”, charges that such conditions existed because of defendants’ failure to pad cells in the "mental” section or provide adequate supervision and care.

Count IV alleges failure to use due care in transporting Lockaby to the hospital and the use of excessive force in placing him in the motor vehicle in violation of the motor vehicle exception to the governmental tort liability act.5

Count V charges the city and hospital with negligence and failure to provide safe and adequate facilities.

The trial judge dismissed the amended complaint. Counts I, II and V were dismissed on the *76grounds stated in dismissing the original complaint. Count III was dismissed on the ground that no structural defect in a public building was pleaded. Count IV was dismissed because the trial judge concluded the alleged negligence did not occur in the course of the operation of a motor vehicle.

The Court of Appeals affirmed; one judge dissented on the ground that Count III should not have been dismissed.

II

The disposition of this case is controlled by our recent decisions.

Lockaby’s complaint states a claim upon which relief can be granted against the City of Detroit and Detroit General Hospital. In Parker v Highland Park, 404 Mich 183; 273 NW2d 413 (1978), this Court held that the operation of a general hospital is not a governmental function and that a city which owns and operates a general hospital may not claim governmental immunity.

Lockaby’s complaint states a claim against Wayne County under the public buildings exception to the governmental tort liability act.6 In providing this exception to governmental immunity "the Legislature intended to protect the general public from injury by imposing upon governmental agencies the duty to maintain safe public *77places. Pichette v Manistique Public Schools, 403 Mich 268, 285; 269 NW2d 143 (1978). "[T]he question whether a part of a building, in this case a [jail cell], is dangerous or defective is to be determined in light of the 'uses or activities’ for which it is 'specifically assigned,’ in this case a” cell for mental cases. Bush v Oscoda Area Schools, 405 Mich 716, 731; 275 NW2d 268 (1979).

Lockaby’s claim that the county failed to "use due care and caution when transporting plaintiff from the Wayne County Jail in a motor vehicle to Detroit General Hospital” states a claim for negligent operation of a motor vehicle within that exception to the governmental tort liability act.

Lockaby also claims that he was intentionally injured by agents of the county. While the county is constitutionally immune from "responsibility]” for the sheriffs "acts”7 that immunity does not extend to the acts of others in its employ. In McCann v Michigan, 398 Mich 65; 247 NW2d 521 (1976), in separate opinions, a majority of the Court agreed that an intentional tort was not in the exercise or discharge of a governmental function; the cause was remanded, as it is here, for further proceedings.

Although the sheriff may not be held "responsible for the acts, defaults and misconduct in office of any deputy sheriff’,8 he is responsible for his own personal acts of negligence and may be responsible under the doctrine of respondeat superior for the tortious acts of employees who are not deputies.

The jail administrator has no statutory immunity, and is responsible for his own personal acts of negligence.

*78While the governmental tort liability act does not provide any immunity to governmental officials, the common law has recognized that governmental officials have a limited immunity. The cause has not been tried; decision on whether there is immunity should be deferred.

We reverse and remand for trial.

Kavanagh and Fitzgerald, JJ., concurred with Levin, J.

It appears from the depositions that Lockaby was found walking on an inter-state highway, was arrested by the State Police, and taken to the Wayne County Jail. He was evaluated as "mental” and placed in Ward 612, an area designated for such individuals. In the cell, Lockaby "knocked himself unconscious” by striking his head against the cell wall. He was then transported to Detroit General Hospital. When released from the hospital he was a quadriplegic.

MCL 691.1401 et seq.; MSA 3.996(101) et seq.

“The sheriff may be required by law to renew his security periodically and in default of giving such security, his office shall be vacant. *75The county shall never be responsible for his acts, except that the board of supervisors may protect him against claims by prisoners for unintentional injuries received while in his custody. He shall not hold any other office except in civil defense.” Const 1963, art 7, § 6.

MCL 51.70; MSA 5.863.

MCL 691.1405; MSA 3.996(105).

"Governmental agencies have the obligation to repair and maintain public buildings under their control when open for use by members of the public. Governmental agencies are liable for bodily injury and property damage resulting from a dangerous or defective condition of a public building if the governmental agency had actual or constructive knowledge of the defect and, for a reasonable time after acquiring knowledge, failed to remedy the condition or to take action reasonably necessary to protect the public against the condition.” MCL 691.1406; MSA 3.996(106).

Const 1963, art 7, § 6.

MCL 51.70; MSA 5.863.