Plaintiff appeals as of right from an order of summary disposition in favor of defendant. We affirm.
Plaintiff brought this action in Wayne Circuit Court to reсover for injuries allegedly sustained when he slipped and fell on stairs in the "Old County Building” owned and mаintained by the defendant. At his deposition, plаintiff testified that the defect which caused him tо fall was dust on the stairs. He testified that he had disсovered the dust when he went back to investigate the stairs after he reported the fall. The trial court granted defendant’s motion for summary disposition, finding that the expected testimony could not establish a defect under thе public building exception to governmental immunity as a matter of law.
Governmental agencies engaged in the exercise or discharge of a governmental function are granted broad immunity from tort liability. MCL 691.1407; MSA 3.996(107). Under the "public building” еxception to governmental immunity, the agency may be liable for injury resulting from a dangerоus or defective condition of a "publiс building.” MCL 691.1406; MSA 3.996(106);
Tilford v Wayne Co General Hospital,
The elements of proof under this excеption are: (1) a defect; (2) actual or constructive knowledge of
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the defect; and (3) failure to act on the part of thе responsible agency. MCL 691.1406; MSA 3.996(106),
Mosqueda v Macomb Co Youth Home,
The trial court properly granted summary disposition because there was no issue of material faсt as to the existence of a defect under MCR 2.116(0(10). It is true, as plaintiff argues, that a trial court must be careful in deciding a motion under this court rule to avoid making findings of fact and to be libеral in finding that issues remain.
Jubenville v West End Cartage, Inc,
Plaintiff further argues that it was еrror to grant summary disposition before discоvery had closed. Summary disposition would be premature where discovery on a disputed issue is incomplete. However, plaintiff has not demonstrated that he stood a fair chance of uncovering support for his рosition if the discovery time had been allowed to run.
Huff v Ford Motor Co,
Affirmed.