Jones v. Bitner
300 Mich. App. 65
| Mich. Ct. App. | 2013Background
- Plaintiff represents Ava Annmarie Jones's estate; decedent died from morphine exposure in her home where mother Kelly Ann Jones resided.
- Defendant was a Michigan State Police officer who allegedly assisted in obtaining morphine from Jones.
- Plaintiff pleads duty to report suspected child abuse/neglect under MCL 722.623 and civil liability under MCL 722.633(1).
- Defendant moved for summary disposition arguing no reasonable cause to suspect abuse and that governmental immunity barred claim.
- Trial court denied summary disposition; court treated CPL duty as exempt from immunity, applying a damages-proximate-cause standard under CPL rather than GTLA immunity.
- Court ultimately concludes CPL does not abrogate governmental immunity for individual employees and remands for leave to amend
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does CPL 722.623 abrogate governmental immunity for reporting failures? | Jones argues CPL abrogates immunity. | Bitner argues immunity remains; no gross negligence proximate cause. | No; CPL does not abrogate immunity; immunity applies. |
| What standard applies to liability under CPL vs GTLA immunity? | Plaintiff seeks CPL standard only. | Immunity requires gross negligence and proximate cause under GTLA. | CPL liability is limited by governmental immunity; must show gross negligence and proximate causation under GTLA test. |
| Can plaintiff amend to allege gross negligence and proximate cause after immunity ruling? | Amendment should be allowed pending futility review. | Immunity bars unless amended to show causation. | Remanded to permit leave to amend; potential futility to be considered. |
| Is defendant's failure to report the proximate cause of decedent's death given limited record? | Discovery may show report failure proximate to death. | Mother's actions were proximate cause; reporting failure not sole cause. | From record, mother’s acts proximate; reporting failure not sole cause; immunity bars claim. |
Key Cases Cited
- Williams v. Coleman, 194 Mich App 606 (1992) (CPL abrogation of immunity considered)
- Ross v. Consumers Power Co. (On Rehearing), 420 Mich 567 (1984) (historical GTLA immunity framework for individuals)
- Hannay v. Dep't of Transp., 299 Mich App 261 (2013) (no-fault act interacts with liability, supports reading CPL with GTLA)
- Parise v. Detroit Entertainment, LLC, 295 Mich App 25 (2011) (recent, more specific/modern statutory interpretation considerations)
- Odom v. Wayne County, 482 Mich 459 (2008) (defines summary-disposition standards and proper GTLA analysis)