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05/17/76 WYNN v. COLE (WYNN V. EXECUTIVE DIRECTOR

May 17, 1976

WYNN
v.
COLE; (WYNN V. EXECUTIVE DIRECTOR, FLINT DEPARTMENT OF PUBLIC HEALTH)



Appeal from Genesee, Philip C. Elliott, J.

Danhof, P. J., and V. J. Brennan and M. J. Kelly, JJ.

SYLLABUS BY THE COURT

1. Constitutional Law -- Governmental Immunity -- Tort Liability -- Governmental Functions -- Appeal and Error -- Statutes.

The constitutionality of a statute providing for immunity from tort liability for all governmental agencies in all cases where an agency is engaged in the exercise and discharge of a governmental function is a question for the Supreme Court to decide, not the Court of Appeals (MCLA 691.1407; MSA 3.996[107]).

2. Constitutional Law -- Governmental Immunity -- Redress of Grievances -- Tortious Conduct of Governmental Employees.

The right to petition for redress of grievances is included with the right of assembly and the right of freedom of speech in the First Amendment to the U. S. Constitution, however, this is a guarantee of political rights and not a guarantee of a right for a citizen to sue the government for damages caused by the tortious conduct of governmental employees.

3. Libel and Slander -- Governmental Immunity -- Private Common-Law Duty.

Governmental immunity alone would not bar a plaintiff from claiming damages against a defendant governmental employee in a libel action where the duty which the defendant is alleged to have violated is a private common-law duty not to libel the plaintiff rather than a duty imposed upon the defendant in the defendant's official capacity.

4. Motions -- Summary Judgment -- Failure to State Claim -- Pleading -- Allegations -- Court Rules.

A motion for summary judgment based on failure to state a claim upon which relief can be granted is to be tested by the pleadings alone and on such a motion all of the nonmoving party's well-pleaded material allegations must be taken as true (GCR 1963, 117.2[1]).

5. Motions -- Summary Judgment -- Sufficiency of Complaints -- Notice to Defendants.

All that is required for a complaint to resist a motion for summary judgment which tests the sufficiency of the complaint is that the complaint reasonably inform the defendants of the nature of the cause against which they must defend.

6. Libel and Slander -- Pleading -- Complaints.

A complaint in a libel action must include the contents of the libelous statement and must also show where the ...


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