Lockaby v. Wayne County

Blair Moody, Jr., J.

(concurring in part; dissenting in part). I concur in part with Justice Levin’s opinion. Count V of plaintiff’s complaint states a claim upon which relief may be granted against the City of Detroit and Detroit General Hospital. See Parker v Highland Park, 404 Mich 183, 196; 273 NW2d 413 (1978) (Blair Moody, Jr., J., concurring).

Further, a claim is stated in Count IV against the defendant vehicle owner where plaintiff asserts that employees of a governmental agency negligently operated a government-owned motor vehicle. MCL 691.1405; MSA 3.996(105). The pleadings state a claim in avoidance of immunity. Whether the facts, once developed, will demonstrate negligent operation of a government-owned *84motor vehicle must be left to the further proceedings on remand.

Count III also states a claim against the County of Wayne under the public building exception to the governmental tort liability act. MCL 691.1406; MSA 3.996(106).

However, plaintiff fails to state a cause of action against the defendants under Count II of his complaint. The operation of a county jail is essentially a governmental function. The county is, therefore, immune under this claim. See Parker, supra; Perry v Kalamazoo State Hospital, 404 Mich 205; 273 NW2d 421 (1978). In addition, the officers and employees of the county, while acting within the scope of their employment maintaining a jail, primarily are performing essential public duties. Thus, they are immune from alleged negligent actions or selection of personnel. See Bush v Oscoda Area Schools, 405 Mich 716; 275 NW2d 268 (1979).

Finally, in Count I, plaintiff has properly pled a cause of action for intentional infliction of injury by unknown officers against the defendant Wayne County. However, no intentional acts were alleged to have been committed or condoned by the sheriff or jail administrator. Accordingly, I would reinstate plaintiff’s Counts I, III, IV and V pursuant to this opinion and remand for trial.