09/24/81 Agenda & Packet - Laserfiche WebLink

Home Browse Search

ANSWERS 1 . The defendant City of Hillsboro said the swimming pool was main- tained and operated in the city ' s governmental capacity for which it was not liable for the tortious acts or omissions of its officers or agents as it would be liable in a proprietary capacity under the doctrine of respondeat superior. The appellate court rendered judgment in favor of the defendant City of Hillsboro and theplaintiff could not recover . 2. The circuit court agreed with the park district in claiming govern- mental immunity Plaintiff appealled the case saying the statute regarding governmental immunity was unconstitutional . If the accident occurred in a city-maintained park, there is no defense of immunity and the parents could recover . In park district park governmental immun' ty applied . Plaintiff contended that this was discriminatory and unfair treatment to the injured party , Appellate court reversed the decision claiming the statute was unconstitutional. 3 . The Supreme Court held that the teachers were not expressly authorized by the school district to coach the game and they were acting outside the course of their employment . But, because they had coached the girls in the past , it was held that the teachers had an"apparent authority" to coach. Girl was awarded $60 000 and both appellate and and supreme court upheld the trial court ' s decision . The decis: on ; n this case may affect the use of school property for all but school- sponsored activities . School administrators and attorneys are now • concerned about the decision. 4 . Court held that the woman assumed the risks of the game and that the course was not negligently constructed . 5 Held that school is not insurer of safety; not required to provide • continuous supervision and that a spontaneous act could not be prevented by supervision . 6. Plaintiffs recovered $41 , 000. Held that the city ' s maintaining a field so close to dangerous wires was a dangerous condition and that it was reasonable to anticipate that a plane would go out of control and to toward power lines. 7 . It was held that the city had notice of the defective Gond; tion of the merry-go-round and the plaintiff recovered $7 , 700 , 8. The court held not so. An adequate degree of general supervision must be exercised but failure to furnish supervision will result in liability only if violation of such duty has a causal relation- ship to the accident. There was no evidence that supervision would have corrected the accident situation in this case. 9. Plaintiff recovered even though in Michigan a bathing beach is considered a governmental function because the purpose for which 410 the trench was dug was a proprietary function, providing the city with water . 10. Held for plaintiff; a guard should not leave without immediate replacement ,