Governmental immunity; Tellin v. Forsyth Twp.; Principle that the operation of a public school is a governmental function; Stringwell v. Ann Arbor Pub. Sch. Dist.; The public-building exception to governmental immunity; MCL 691.1406; Renny v. Department of Transp.; Reardon v. Department of Mental Health; Whether the bench lid that caused the child’s injury was poorly maintained in relation to the room’s purpose as a special education classroom; Bush v. Oscoda Area Schs.; Gross negligence; MCL 691.1407(1) & (8)(a); Maiden v. Rozwood; Tarlea v. Crabtree; Vermilya v. Dunham

The court held that the trial court did not err by granting defendants-school and teacher summary disposition of plaintiff-mother’s claim. Plaintiff sued defendants on behalf of her six-year-old son with autism who was injured when his hand was caught in a bench lid that he had been holding open. The trial court granted summary disposition for defendants on the basis of governmental immunity. On appeal, the court rejected plaintiff’s argument that the public-building exception to immunity applied. “Because plaintiff did not provide any evidence to suggest that the bench lid used to have a safety device that had fallen into disrepair, the lack of a safety device is a design defect.” It also rejected her claim that there was a material question of fact as to gross negligence “because reasonable minds could not determine that defendant teacher acted with willful disregard of precautions or safety.” She took precautions “by instructing the students not to open the bench lids and by not opening the bench lids in front of the students.” Although she could have closed the lid herself, her decision to instruct plaintiff’s son “to close the lid did not indicate an almost reckless disregard of safety, because her instruction to not enter the bench and to close the bench lid demonstrated her concern for his safety as she attempted to make him stop playing with the bench and the bench lid.” The mere fact that she “could have done more by walking over to the bench lid and closing it herself does not prove gross negligence.” Affirmed.