Renny v. Department of Transportation
Renny v. Department of Transportation
Opinion of the Court
In this case we consider whether a “design defect” claim is cognizable under the public building exception to governmental immunity, MCL 691.1406. The plain language of the public building exception imposes a duty only to “repair and maintain” a public building. In the absence of any additional language addressing design defects, we hold that the public building exception to governmental immunity does not permit a cause of action premised upon an alleged design defect. We disavow any dicta to the contrary in our earlier cases and overrule any cases, such as Sewell
i. facts and procedural history
Plaintiff Karen Renny visited a rest area in Roscommon County, Michigan, in January 2000. She alleged that while leaving the rest area building, she slipped on a patch of snow and ice on the sidewalk in front of the doorway and suffered serious injuries to her right wrist. Plaintiff sued MDOT, alleging that her injuries resulted from a defective condition of the rest area building. According to plaintiff, “by [MDOT] designing, con
In a published per curiam decision, the Court of Appeals reversed the Court of Claims.
This Court granted MDOT’s application for leave to appeal.
This Court reviews de novo motions for summary disposition.
III. ANALYSIS
This case pivots on the proper interpretation of the public building exception to governmental immunity. MCL 691.1406 states, in pertinent part, that
[g]overnmental 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. [Emphasis added.]
This Court has held that in order for a plaintiff to avoid governmental immunity under the public build
Plaintiff maintains that the dangerous or defective condition of the rest area building arose from a design defect, and that a design defect claim is cognizable under the public building exception.
[t]he defective building provision is structurally similar to the defective highway provisions. It states a duty, “repair*497 and maintain”, and in providing a cause of action extends it to “a dangerous or defective condition of a building”. We construe the defective building provision as we have the defective highway provision. Governmental agencies are subject to liability for a dangerous or defective condition of a public building without regard to whether it arises out of a failure to repair and maintain.
As in the highway cases, a building may be dangerous or defective because of improper design, faulty construction or the absence of safety devices.[17]
In Reardon, this Court quoted Bush approvingly to make the point that the public building exception applies only where an injury “is occasioned by a physical defect or dangerous condition of the building itself”
[t]he first sentence [of the public building exception] imposes upon governmental agencies the duty to “repair and maintain public buildings under their control....” In Bush v Oscoda Area Schools, 405 Mich 716; 275 NW2d 268 (1979), we held that this duty is not strictly limited to the repair or maintenance of public buildings. Instead, we held that “a building may be dangerous or defective because of improper design, faulty construction or the absence of safety devices.” Id. at 730. We reiterate this proposition, as the holding in Bush is entirely consistent with today’s conclusion that the injury must be occasioned by the dangerous or defective condition of the building itself. As long as the danger of injury is presented by a physical condition of the building, it little matters that the condition arose because of improper design, faulty construction, or absence of safety devices. However, while the public building exception is not strictly limited to failures of repair or*498 maintenance, the Legislature’s choice of those terms to define the governmental duty is indicative of its intention regarding the scope of the exception. The duty to repair and maintain a premises clearly relates to the physical condition of the premises.[19]
Citing Bush and Reardon, this Court has stated elsewhere that a defective design claim falls within the public building exception.
MDOT responds that this Court has never squarely held that a design defect is cognizable under the public building exception. According to MDOT, Reardon's discussion of Bush and design defect claims was obiter dictum. Reardon considered and rejected the notion that the public building exception extended to injuries that occur in a public building but were not occasioned by a physical condition of the building itself. It did not pass on the merits of a design defect claim.
Moreover, MDOT argues that Reardon mischaracterized Bush as holding that design defects fall within the public building exception, when Bush in fact only considered the intended use of the classroom and the lack of safety devices in its holding. Thus, MDOT argues, it was unnecessary for the Bush Court to opine on the propriety of a design defect claim and its statement on that question was dictum. Finally, MDOT points out, this Court more recently has openly questioned whether a design defect claim fits within the public building exception. In de Sanchez v Dep’t of Mental Health,
[d]espite the oft-cited proposition that a public building may be dangerous or defective because of its improper design, the issue whether a design defect may actually*499 constitute a defect in a public building sufficient to invoke the public building exception has caused this Court considerable difficulty. Nonetheless, that issue is not before this Court.
In short, MDOT argues, any support provided by the caselaw on which plaintiff heavily relies is illusory.
More specifically, MDOT contends that plaintiffs reliance on Bush is misplaced because this Court has since dismantled the reasoning underpinning Bush. The majority in Bush relied heavily on the structural and linguistic similarities between the highway exception and the public building exception. Therefore, because our caselaw held that a design defect claim fell within the highway exception, the Bush majority placed the same judicial gloss on the public building exception. Beginning with Nawrocki v Macomb Co Rd Comm,
With respect to the plain language of the statute, MDOT notes that plaintiffs position is entirely at odds with the statute itself. The statutory language refers only to the governmental agency’s duty to “repair and maintain public buildings,” and does not refer to any duty to design a public building. Therefore, to hold that the language of the statute includes a design defect claim is inconsistent with its plain language.
While plaintiff relies almost exclusively on caselaw, MDOT largely appeals to the statutory language. In order to decide an issue of statutory construction, we must first resort to the plain language of the public building exception to determine the Legislature’s intent.
The second sentence of MCL 691.1406, which imposes habihty on governmental agencies “for bodily injury and property damage resulting from a dangerous or defective condition of a pubhc building,” does not expand the duty beyond the repair and maintenance of a pubhc building. The phrase imposes habihty where the “dangerous or defective condition of a pubhc building” arises out of the governmental agency’s failure to repair and maintain that building. It is not suggestive of an additional duty beyond repair and maintenance. There is no reason to suspect that the Legislature intended to impose a duty to prevent “dangerous or defective condition[s]” in pubhc buildings in a manner whohy unrelated to the obhgation clearly stated in the first sentence.
Because we conclude that the statutory language is unambiguous and imposes a duty only to repair and maintain a public building, we must reconsider our earlier cases suggesting that a design defect claim is
In subsequent cases, this Court has not endorsed a plaintiffs design defect claim. In Hickey, supra, responding to the plaintiffs argument that the alleged improper design of a Michigan State University Department of Public Safety holding cell caused the decedent
In addition to the Court of Appeals decision in this case, we are aware of only two cases where a design defect claim was recognized implicitly or explicitly by a court. In Williamson, supra, the Court of Appeals affirmed the Court of Claims determination that the plaintiff alleged a design defect or absence of safety features that was a proximate cause of the decedent’s death. The decedent, a mildly retarded, epileptic teenager, drowned while taking an unsupervised bath at a Department of Mental Health residential treatment facility. The Court of Claims found that the plaintiff proved by a preponderance of the evidence that the improper design of the shower and bathing facilities constituted a dangerous or defective condition of the public building that the defendant had a duty to alter or modify with safety devices.
And, in Sewell, supra, this Court reversed summary disposition in favor of the defendant Southfield Public
In light of our foregoing analysis of the public building exception, we disavow the dicta in earlier decisions from this Court such as in Bush and Reardon, and any dicta from Court of Appeals decisions, suggesting that a design defect claim falls within the plain language of the provision. Also, we overrule any cases such as Sewell and Williamson that can be construed to stand for the proposition that design defects fall within the public building exception.
Returning to the facts of this case, plaintiff alleges that she was injured by a dangerous or defective condition of the rest area building. She argues that the absence of gutters and downspouts, among other defects in the building, permitted an unnatural accumulation of snow and ice on the sidewalks in front of an entranceway and created slippery, hazardous conditions for members of the public. Consistent with today’s decision, to the extent that plaintiffs claim is premised on a design defect of a public building, it is barred by governmental immunity. However, plaintiff also alleged that MDOT failed to repair and maintain the rest area building.
V CONCLUSION
We hold that design defect claims are not cognizable under the unambiguous, plain language of the public building exception, which refers only to the governmental agency’s duty to “repair and maintain” the public building. Therefore, while we affirm the Court of Appeals reversal of summary disposition in favor of MDOT, we reverse the Court of Appeals holding that design defects are actionable under the public building exception, and we remand the case to the Court of Claims for further proceedings consistent with this decision.
456 Mich 670; 576 NW2d 153 (1998).
176 Mich App 752; 440 NW2d 97 (1989).
Coplaintiff Charles Renny filed a claim for loss of consortium, which is derivative of his wife’s claim. Therefore, we will refer to plaintiff singularly.
We do not pass judgment on the legal viability of plaintiffs allegations with respect to a failure to maintain and repair the rest area building, nor should this opinion be construed as holding that plaintiff is entitled to proceed to trial. We simply observe that plaintiff in her complaint minimally pleaded in avoidance of governmental immunity, and therefore we remand for further proceedings on that basis. See part IV of this opinion.
Plaintiff also sued the Roscommon County Road Commission and Roscommon Township in a separate circuit court action that was consolidated with this case at the trial court level. Both parties were dismissed, and neither party is participating in this appeal.
Renny v Dep’t of Transportation, 270 Mich App 318; 716 NW2d 1 (2006).
477 Mich 958 (2006). In our order granting leave, we asked the parties to address three questions: (1) whether the Court of Appeals correctly characterized the alleged dangerous or defective condition in this case as a design defect; (2) whether the public building exception, which obligates a governmental agency “to repair and maintain public buildings,” permits a party to bring a design defect claim; and (3) whether the Court
Grimes v Dep’t of Transportation, 475 Mich 72, 76; 715 NW2d 275 (2006).
Griffith v State Farm Mut Automobile Ins Co, 472 Mich 521, 526; 697 NW2d 895 (2005).
de Sanchez v Dep’t of Mental Health, 467 Mich 231, 236; 651 NW2d 59 (2002).
Plaintiff argues alternatively that the defective condition of the rest area building arose from a failure to maintain gutters around the building.
405 Mich 716; 275 NW2d 268 (1979).
430 Mich 398; 424 NW2d 248 (1988).
See, e.g., Johnson v Detroit, 457 Mich 695; 579 NW2d 895 (1998); Sewell, supra; Hickey v Zezulka (On Resubmission), 439 Mich 408; 487 NW2d 106 (1992); see also Williamson, supra.
17 Bush, 405 Mich at 730.
Reardon, 430 Mich at 400.
19 Id. at 409-410.
See, e.g., Johnson, supra; Sewell, supra; Hickey,s supra.
455 Mich 83, 96; 565 NW2d 358 (1997).
463 Mich 143; 615 NW2d 702 (2000).
465 Mich 492, 502; 638 NW2d 396 (2002). The Court of Appeals also signaled a more principled approach to the highway exception. See, e.g., Wechsler v Wayne Co Rd Comm, 215 Mich App 579, 587-588; 546 NW2d 690 (1996) (“The Legislature thus did not purport to demand of governmental agencies having jurisdiction of highways that they improve or enhance existing highways____The only statutory requirement and the only mandate that, if ignored, can form the basis for tort liability is to ‘maintain’ the highway in reasonable repair.”).
Echelon Homes, LLC v Carter Lumber Co, 472 Mich 192, 196; 694 NW2d 544 (2005).
The American Heritage Dictionary of the English Language, New College Edition (1978).
According to the dissent, it “defies logic” that a governmental agency would have a duty to repair and maintain a pubhc building but would not be liable if a public building could have been more safely designed. Such a statement fails to recognize that the very purpose of governmental immunity is to limit the government’s exposure to habihty. Clearly, this is precisely what the Legislature intended to convey with its dehberately chosen words. It is entirely logical that it would have chosen not to expose a governmental agency to habihty for a design defect. The duty to repair
420 Mich 567; 363 NW2d 641 (1984).
465 Mich 68; 631 NW2d 678 (2001).
The dissent claims that the Legislature acquiesced in Bush’s erroneous interpretation of the public building exception. That this Court highly disfavors the doctrine of legislative acquiescence has been elsewhere stated. See, e.g., Karaczewski v Farbman Stein & Co, 478 Mich 28; 732 NW2d 56 (2007); Grimes, 475 Mich at 84; Robinson v Detroit, 462 Mich 439, 465; 613 NW2d 307 (2000); Donajkowski v Alpena Power Co, 460 Mich 243, 261; 596 NW2d 574 (1999). Thus, for the reasons stated in these opinions, the dissent’s reliance on this spurious rule is a nonstarter.
Bush, 405 Mich at 730-731, 728 n 7.
Reardon, 430 Mich at 415 (emphasis in original). Thus, the dissent attributes too much significance to the Reardon Court’s recitation of the design defect language from Bush and certainly is incorrect in suggesting that we are overturning Reardon.
Hickey, 439 Mich at 423 (opinion by Brickley, J.).
de Sanchez, 455 Mich at 96.
To the extent that it overrules Sewell, our decision today does not contravene the policy considerations that underpin the doctrine of stare decisis. See Robinson, supra. First, without question, Sewell relied on dicta originating in Bush that was clearly inconsistent with the plain language of the statute. This explains why the dissent treats the duty of safe design as “implicit” in the statute rather than “explicit” because that duty is nowhere to be found in the actual words. Post at 509, 515. Therefore, we are faithfully discharging our judicial responsibility by accurately interpreting and applying the statutory language in this case. Also, we are largely disavowing dicta rather than overruling prior established cases. We will not elevate dicta above the plain language of a statute. See Hanson, 465 Mich at 501 n 7. And, by repudiating dicta that is patently contrary to the statutory language, we are simply enforcing the plainly expressed intent of the Legislature.
For instance, her complaint alleged:
11. This accumulation of ice and snow occurred as a result of the defective condition of the roof of the building located immediately above this entrance/exit way to the building. By way of illustration, not limitation, these defective conditions include the*507 failure to install and maintain gutters and. downspouts to redirect melting snow and ice on the roof above the entrance/exit away from the walkway.
19. Defendant breached this statutory duty [MCL 691.1406] by designing, constructing, keeping and/or maintaining the restroom building described herein which had dangerous and/or defective conditions....
Concurring Opinion
(concurring in the result only). I concur only in the result reached by the majority to affirm the Court of Appeals reversal of summary disposition in
Because a majority of this Court has concluded that plaintiffs’ complaint adequately alleged a claim against defendant for injuries plaintiff Karen Renny sustained as a result of defendant’s failure to “repair and maintain” the rest area building, this Court need not address the issue whether plaintiffs could also pursue a claim for defective building design. In this respect, our order
Thus, because the Court can decide this case without resorting to consideration of whether recovery is available under MCL 691.1406 for a plaintiff who alleges that injuries occurred as a result of a defectively designed public building, I would leave for another day consideration of the question whether recovery is available on the basis of defective design.
MCL 691.1406 provides, in pertinent part:
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, faded to remedy the condition or to take action reasonably necessary to protect the public against the condition.
Renny v Dep’t of Transportation, 477 Mich 958 (2006).
Concurring in Part
(concurring in part and dissenting in part). I believe that the public building exception to govern
THE public building exception to governmental immunity
The public building exception to governmental immunity, MCL 691.1406, states, in relevant part:
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.
It is undisputed that the statute imposes on governmental agencies the duty to “repair and maintain” public buildings.
Accordingly, it defies logic that a governmental agency would be required to maintain a dangerously designed building and be exempted from liability for harm to the public caused by the building’s design. It must be presumed that the Legislature intended that the design of public buildings should not cause injury to people. Accordingly, I would hold that the duty to “repair and maintain” public buildings necessarily includes the duty to design safe public buildings.
MICHIGAN CASELAW ADDRESSING DESIGN DEFECT CLAIMS
My interpretation is consistent with longstanding precedent of this Court. See Bush v Oscoda Area Schools,
BUSH v OSCODA AREA SCHOOLS
The issue in Bush, among others, was whether the defendant public school district, its superintendent, a principal, and a classroom teacher were liable under the public building exception. Bush, 405 Mich at 724-725. The plaintiff high school student was enrolled in an introductory physical science class. Id. at 725. Although the class regularly met in a chemical laboratory equipped with safety features, because of increased enrollment, it met in a nonlaboratory room. Id. The temporary classroom lacked gas lines and gas-fired burners. Id. at 726. The students had to fill portable alcohol burners at a counter and carry them to and from their desks. Id. It was while the plaintiff student was returning her burner to the counter that an explosion occurred and she was enveloped in flames, suffering severe burns.
During the lawsuit that followed, the plaintiffs alleged that the temporary laboratory was dangerous and defective because of the improper design of the room and the absence of safety devices. Id. at 730-731. In order to determine whether the plaintiffs’ complaint was within the public building exception to governmental immunity, it was necessary to interpret MCL 691.1406. Writing for the Court, Justice CHARLES LEVIN stated:
*511 We construe the defective building provision as we have the defective highway provision. Governmental agencies are subject to liability for a dangerous or defective condition of a public building without regard to whether it arises out of a failure to repair and maintain.
As in the highway cases, a building may be dangerous or defective because of improper design, faulty construction or the absence of safety devices. [Bush, 405 Mich at 730.]
On the basis of its interpretation of the statute, the Bush Court concluded that the plaintiffs’ complaint had sufficiently stated a claim upon which relief could be granted. Id. at 733. The Court remanded the case to the trial court. Id. It was left to the trier of fact the determination whether, among other things, the classroom was defective when used as a physical science laboratory. Id. at 732. Integral to the holding was Bush’s determination that a public building may fall within the exception to governmental immunity as dangerous or defective because of improper design. Therefore, the language cited from Bush was, by definition, not dicta and constitutes binding precedent.
For the past 28 years, our courts have relied on that reasoning from Bush. In the years immediately following Bush, the Michigan Court of Appeals cited the case numerous times for the proposition that a design defect claim is actionable under the public building exception to governmental immunity. See Lee v Highland Park School Dist, 118 Mich App 305, 309; 324 NW2d 632 (1982); Young v City of Ann Arbor, 119 Mich App 512, 520-521; 326 NW2d 547 (1982); Landry v Detroit, 143 Mich App 16, 22; 371 NW2d 466 (1985).
REARDON v DEP’T OF MENTAL HEALTH
Nine years after Bush, in Reardon, this Court once again analyzed MCL 691.1406. Reardon, 430 Mich at
The Reardon Court specifically noted that its holding was consistent with Bush: “As long as the danger of injury is presented by a physical condition of the building, it little matters that the condition arose because of improper design, faulty construction, or absence of safety devices.” Id. at 410. Therefore, when this Court had the opportunity to reexamine its interpretation of MCL 691.1406, it reaffirmed the holding in Bush that defective design is actionable under the public building exception to governmental immunity.
WILLIAMSON v DEP’T OF MENTAL HEALTH
In Williamson v Dep’t of Mental Health, the Court of Appeals cited Bush for the proposition that a building may be dangerous for the purpose of MCL 691.1406 because of improper design, faulty construction, or the absence of safety devices.
In Sewell, this Court again stated that a building may be dangerous or defective because of improper design.
Therefore, the frequently repeated proposition that design defect claims fall within the public building exception to governmental immunity has become a bedrock of Michigan jurisprudence. The majority distracts attention from this fact by citing cases that this Court resolved without determining whether there was a design defect. See Hickey v Zezulka (On Resubmission), 439 Mich 408; 487 NW2d 106 (1992); de Sanchez v Michigan Dep’t of Mental Health, 455 Mich 83; 565 NW2d 358 (1997); Johnson v Detroit, 457 Mich 695; 579 NW2d 895 (1998).
However, in none of those cases did this Court overrule Bush or Sewell and hold that design defects do not fall within the public building exception. Rather, two of them, Hickey and Johnson, cited Bush for the proposition that a building may be defective because of improper design. Hickey, 439 Mich at 422; Johnson, 457 Mich at 704. This Court in de Sanchez noted that it is an “oft-cited proposition that a public building may be dangerous or defective because of its improper de
Also, it should be noted that, had the Legislature disagreed with this Court’s interpretation of MCL 691.1406, it had many years to amend the language of the statute. Its failure to do so suggests that the Legislature’s intent was that a design defect claim be actionable under the public building exception to governmental immunity.
THE ROBINSON
Because it erroneously characterizes the holding in Bush as dictum, the majority finds no need to consider the factors set forth in Robinson for deciding whether to overturn Bush. Robinson, 462 Mich at 464. But Bush’s holding that design defects are actionable under the public building exception was not dictum. Therefore, I will now review the Robinson factors.
The first consideration is whether the earlier decision was wrongly decided. Robinson, 462 Mich at 464. I
The other Robinson factors are: (1) whether the decision at issue defies “practical workability,” (2) whether reliance interests would work an undue hardship if the authority is overturned, and (3) whether changes in the law or facts make the decision no longer justified. Robinson, 462 Mich at 464.
Bush does not defy practical workability. Rather, it has functioned as an integral part of our governmental immunity jurisprudence for the past 28 years. Conversely, reliance interests would work an undue hardship if Bush were overturned. As indicated above, it is a frequently cited proposition that design defect claims fall within the public building exception.
No changes in the law or the facts render the decision unjustified. It is true that, in deciding Bush, the Court relied on the structural similarity between the public building exception and the highway exception statutes. Bush, 405 Mich at 730. It is also true that the Court in Hanson v Mecosta Co Rd Comm’rs, 465 Mich 492, 502; 638 NW2d 396 (2002), held that the highway exception does not include a duty to design or correct defects arising from the original design of highways. However, Hanson is not on point with this case. Hanson con
The majority also claims that Bush has been undermined by subsequent decisions of this Court. The majority notes that Bush was succeeded by Ross v Consumers Power Co (On Rehearingj,*
The majority also contends that Fane v Detroit Library Comm
CONCLUSION
I agree with the majority’s decision to remand this case to the Court of Claims for further proceedings with
But I would reaffirm the longstanding precedent of this Court that design defects are actionable under the public building exception to governmental immunity, MCL 691.1406. A duty to design safe public buildings is implicit in a duty to repair and maintain them. This interpretation of MCL 691.1406 is consistent with this Court’s longstanding precedent and, as demonstrated by a review of the Robinson factors, should not be overruled.
MCL 691.1406.
176 Mich App 752, 757; 440 NW2d 97 (1989).
Williamson, 176 Mich App at 757, noted that Reardon reiterated this principle.
Sewell, 456 Mich at 675, cited Hickey v Zezulka (On Resubmission), 439 Mich 408, 422; 487 NW2d 106 (1992), which quoted Bush for the proposition that a public building may he dangerous or defective because of improper design.
Sewell has been relied on for the proposition that a building may be dangerous or defective because of improper design, faulty construction, or the absence of safety devices. See Kruger v White Lake Twp, 250 Mich App 622, 626; 648 NW2d 660 (2002).
Although it is true that this Court opined in de Sanchez that the proposition has caused this Court difficulty, we did not disavow the proposition in that case. Rather, we noted that it was inapplicable to the facts before us.
The majority, once again, takes issue with my use of the doctrine of legislative acquiescence. However, as I have previously noted, legislative acquiescence is a valid judicial tool for statutory interpretation. Karaczewski v Farbman Stein & Co, 478 Mich 28, 53-54; 732 NW2d 56 (2007) (Kelly, J., dissenting); see also Rowland v Washtenaw Co Rd Comm, 477 Mich 197, 259-264; 731 NW2d 41 (2007) (Kelly, J., concurring in part and dissenting in part). Merely because some members of the Court will not use it does not render it unusable.
Robinson v Detroit, 462 Mich 439; 613 NW2d 307 (2000).
See Lee, supra; Young, supra; Landry, supra; Reardon, supra; Williamson, supra; Hickey, supra; Kruger, supra; and Sewell, supra.
I would also note that I dissented in Hanson, and I continue to believe that Hanson was incorrectly decided.
420 Mich 567; 363 NW2d 641 (1984).
465 Mich 68; 631 NW2d 678 (2001).
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