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149246-7 - Michael Lego v Jake Liss

Michael Lego and Pamela Lego,
 
Joseph T. Froehlich
 
Plaintiffs-Appellees,
 
v
(Appeal from Ct of Appeals)
 
 
(Wayne – Gillis, J.)
 
Jake Liss,
 
Michael L. Stefani
 
Defendant-Appellant.
 

Summary

 
Michael Lego and Jake Liss are police officers. During their work on an anti-crime task force, Liss fired his weapon at a crime scene and wounded Lego. The main issues in the trial court were whether Lego’s claims against Liss are barred by the exclusive-remedy provision of the worker’s compensation act and whether governmental immunity applies. The issues to be addressed in the Supreme Court include: (1) whether, and if so to what degree, a defendant governmental actor’s mental state or level of culpability is relevant to determining what constitutes normal, inherent, and foreseeable risks of the firefighter’s or police officer’s profession; and (2) whether the defendant’s alleged violation of numerous departmental safety procedures is relevant to determining whether the shooting in this case was one of the normal, inherent and foreseeable risks of the plaintiff’s profession.