Governmental immunity; MCL 691.1407(1); Pleading in avoidance; Mount Clemens Recreational Bowl, Inc v Director of Dep’t of Health & Human Servs; Motor-vehicle exception; MCL 691.1405

The court held that plaintiff pleaded in avoidance of governmental immunity because, read as a whole, her second amended complaint stated a motor-vehicle-exception claim under MCL 691.1405. After the Supreme Court remanded for the trial court to decide whether plaintiff should be allowed to amend to “more clearly plead” an exception, plaintiff filed a second amended complaint adding references to MCL 691.1405. The trial court dismissed again, reasoning that “[i]nserting random references to the Motor Vehicle Exception Statute does not transform inapplicable claims into valid motor vehicle exception claims.” On appeal, the court held that the trial court erred because “‘we disregard the labels given to the claims and instead read the complaint as a whole, seeking the gravamen of the claims[.]’” The pleading alleged the defendant-City was a governmental agency, defendant-driver was its employee, and she was “operating a motor vehicle (the City bus) when the collision occurred,” with factual allegations that, if proven, would establish negligence. The court emphasized that MCL 691.1405 provides that governmental agencies “shall be liable for bodily injury and property damage resulting from the negligent operation” of an agency-owned motor vehicle by an officer, agent, or employee. It then pointed to the complaint’s detailed negligence allegations against the driver, such as violation of MCL 257.627, failure to maintain control, failure to keep a proper lookout, and failure to equip adequate brakes under MCL 257.705, and its allegation that plaintiff’s “serious and lasting injuries” were caused by that negligence. Because those allegations sufficiently pleaded duty and breach and connected them to damages, the complaint stated a claim fitting the motor-vehicle exception, and the trial court’s contrary ruling resulted from failing to read the complaint “in its entirety.” Reversed and remanded.