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Hitting the Slopes: COA Allows Plaintiff to Amend Complaint to Add Proprietary Function Exemption and Avoid Summary Disposition in Skiing Accident Case

Amusement and Leisure / June 8, 2018

In cases against government entities, governmental immunity is a primary defense. However, review of the complaint is key as plaintiffs must plead in avoidance of gov immunity to sustain a claim. In Bedau v Cadillac Area Public Schools & Caberfae Skiing Company, Plaintiff only pled negligence against Defendant and failed to assert exemptions to gov immunity. Defendant moved for summary disposition on this basis and argued that allowing Plaintiff to amend her complaint would be futile as there was no evidence to substantiate an exemption to gov immunity. The COA denied Defendant’s MSD and ruled that the evidence presented by Plaintiff was sufficient to satisfy the proprietary function exemption. The COA also agreed with the trial court’s decision allowing Plaintiff to amend her complaint.

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