Governmental employee immunity; MCL 691.1407; Ray v Swager; Proximate cause; Governmental Tort Liability Act (GTLA)

The court held that a school principal was entitled to governmental immunity because her conduct was not the proximate cause of a student’s injuries resulting from a teacher’s assault. A special-needs student was injured when a teacher physically assaulted him during a classroom incident, and the student’s next friend sued the principal alleging gross negligence for assigning the teacher to the classroom. The trial court denied the principal’s motion for summary disposition, concluding discovery was needed. On appeal, the court held that even assuming negligent conduct, the principal was not the proximate cause of the injuries because “the teacher’s conduct—and not defendant’s—was the most immediate, efficient, and direct cause of the injuries.” The court explained that proximate cause under the GTLA requires more than foreseeability and instead demands that the defendant’s conduct be “the one most immediate, efficient, and direct cause,” which was not met where the harm resulted from an intervening intentional assault. Reversed and remanded.