BAIN v. CITY OF SOUTHFIELD, 463 Mich. 982 (2001)

625 N.W.2d 781

BATEMAN BAIN and MARY BAIN, Plaintiffs-Appellees, v. CITY OF SOUTHFIELD, JAMES ADAMCHECK, CHIEF JOSEPH THOMAS, and LIEUTENANT TED QUISENBERRY, Defendants-Appellants, and SPECIAL AGENT STEVEN MITCHELL, any and all JOHN DOE POLICE OFFICERS who were in attendance on January 2, 1995, at Plaintiffs’ home for the raid and any and all JOHN DOE POLICE OFFICERS that swore to, affied or executed the search warrant, INDIVIDUALLY AND OFFICIALLY, Defendants.

No. 117259.Supreme Court of Michigan.
March 27, 2001.

COA: 224419, Oakland CC: 98-005998-NZ.

On order of the Court, the application for leave to appeal from the June 26, 2000, order of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the orders of the lower courts and REMAND this case to the Oakland Circuit Court for entry of an order granting summary disposition to the defendant. After carefully reviewing the record, we are persuaded, like the dissenting Court of Appeals judge, that the plaintiffs have failed to show the defendant engaged in “conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.” MCL 691.1407(2)(c); MSA 3.996(107)(2)(c). Evidence of ordinary negligence does not create a material question of fact concerning the gross negligence necessary to overcome a defense of governmental immunity.Maiden v Rozwood, 461 Mich. 109, 122; 597 N.W.2d 817 (1999).

We do not retain jurisdiction.