This
case stems from the drowning death of William T. Beals, a 19-year-old student
at the Michigan Center and Technical Institute (MCTI) in Plainwell, Michigan.
MCTI is a residential facility, operating under the auspices of the Michigan
Department of Human Services, providing vocational and technical training for
students with disabilities. Beals’ estate filed a complaint - by his mother
Theresa Beals - against defendant lifeguard William J. Harmon and MCTI seeking
economic and non-economic damages for the death of her son alleging that
damages were caused by Harmon’s gross negligence. Harmon moved to dismiss
Beals’ complaint on the grounds of governmental immunity.
The Barry County Circuit Court heard oral argument on the
motion, took it under advisement, and denied the motion.
Defendant appealed to the Court of Appeals. In a 2-1
unpublished decision, the Court affirmed the Barry County Circuit Court’s
denial of summary disposition.
Harmon appealed to the Michigan Supreme Court. In an
order dated December 23, 2014, the Court ordered oral argument on whether to
grant the application or take other action and ordered the parties to address
whether defendant William J. Harmon’s alleged failure to act was the proximate cause of decedent’s death. MCL
691.1407(2)(c).