ZAHRA, J.
This case requires the Court to consider whether defendant lifeguard's failure to intervene in the deceased's drowning constituted "the proximate cause" of his death. While governmental agencies and their employees are generally immune from tort liability under the governmental tort liability act (GTLA), MCL 691.1401 et seq., MCL 691.1407(2)(c) provides an exception to this general rule when a governmental employee's conduct is both (1) grossly negligent and (2) "the proximate cause" of an injury, which this Court interpreted to mean the "most immediate, efficient, and direct cause" of that injury in Robinson v. Detroit.
Plaintiff brought the instant suit against defendant, a governmental employee, and pleaded avoidance of governmental immunity by alleging that defendant's grossly negligent behavior while lifeguarding and resulting failure to rescue plaintiff's drowning son constituted the proximate cause of his death. Subsequently, defendant filed a motion for summary disposition on the ground of governmental immunity, but the trial court denied defendant's motion. The Court of Appeals, in a split opinion, affirmed, concluding that a jury could reasonably find that defendant's failure to intervene constituted the proximate cause of the deceased's death. The Court
But for the applicable immunity statute, a question of fact may remain as to defendant's liability for the deceased's death. However, in light of the well-established principles of governmental immunity set forth by the Legislature and this Court, we agree with the Court of Appeals dissent that defendant is immune from tort liability. Applying this Court's rationale in Robinson to the instant case, defendant's failure to intervene in the deceased's drowning cannot logically constitute the "most immediate, efficient, and direct cause" of his death. The causal connection between defendant's failure to intervene and the deceased's drowning is simply too tenuous for it to constitute the proximate cause of his death. In our view, it is readily apparent that the far more "immediate, efficient, and direct cause" of the deceased's death was that which caused him to remain submerged in the deep end of the pool without resurfacing. That the reason for the deceased's prolonged submersion in the water is unknown does not make that unidentified reason any less the proximate cause of his death.
Accordingly, we hold that the trial court erred by denying summary disposition to defendant, because the exception to governmental immunity articulated in MCL 691.1407(2) is inapplicable in the instant matter. We therefore reverse in part the judgment of the Court of Appeals, and remand this case to the Barry Circuit Court for entry of an order granting summary disposition in favor of defendant.
The deceased, William Beals, a 19-year-old diagnosed with a learning disability and an unspecified level of autism, drowned on May 19, 2009, while swimming in a pool at the Michigan Career and Technical Institute (MCTI), a state residential facility providing vocational and technical training to students with disabilities. Beals and approximately 24 other disabled students were using the MCTI indoor swimming pool for a recreational swim. According to his mother, Beals was an "accomplished swimmer" who had been swimming independently for years. The only lifeguard on duty that evening was defendant William Harman, a certified lifeguard who was both an employee and student of MCTI. The record indicates that Harman suffers from attention deficit disorder.
At some point during the recreational swim, Beals waded into the shallow end of the pool where he "surface dove" into the deep end and continued to swim underwater. He never resurfaced under his own power. There is no evidence in the record that Beals visibly struggled in the water or that Harman or any of the 24 other students in the pool area witnessed Beals in distress. Indeed, it was not until Beals had been underwater for approximately eight minutes that another student wearing goggles put his head underwater and noticed Beals's body in the deep end of the pool next to the wall. This student pulled Beals from the bottom of the pool after making as many as three unsuccessful attempts to call for Harman's attention. When Harman heard other students yelling for help, he raced to the deep end of the pool, removed Beals from the water, and attempted cardiopulmonary resuscitation (CPR) until other staff members arrived. Beals was then transported to a hospital where he was declared deceased. A subsequent autopsy revealed that the
On January 26, 2011, Beals's mother, Theresa Beals, filed suit in Barry Circuit Court as the personal representative of Beals's estate. Plaintiff sued both Harman and the State of Michigan, seeking economic and noneconomic damages for the alleged wrongful death of her son. She accused the state (MCTI) of violating the Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq.,
Harman moved for summary disposition under MCR 2.116(C)(7) on the basis of governmental immunity, asserting that his conduct was not "the proximate cause" of Beals's death, as is required to impose tort liability on a governmental employee under MCL 691.1407(2). The trial court issued an order denying summary disposition, finding that "reasonable minds could differ as to the question of gross negligence and if the proximate cause of death was the gross negligence of William Harman and/or the State of Michigan."
Harman appealed the trial court's decision in the Court of Appeals, which affirmed the trial court in a split opinion.
Harman sought leave to appeal in this Court. We directed the Clerk to schedule oral argument on whether to grant the application or take other action.
The applicability of governmental immunity is a question of law that this Court reviews de novo on appeal.
The GTLA, MCL 691.1401 et seq., affords broad immunity from tort liability to governmental agencies and their employees whenever they are engaged in the exercise or discharge of a governmental function.
There is no dispute regarding whether defendant Harman acted within the scope of his authority as an employee of a governmental agency engaged in the exercise of a governmental function. Moreover, Harman does not challenge whether his conduct amounted to gross negligence.
This Court explained the proper interpretation of the term "the proximate cause" for purposes of MCL 691.1407(2)(c) in Robinson v. Detroit, and held that in order for a governmental employee's grossly negligent conduct to be considered the proximate cause of an injury, that conduct must be "the one most immediate, efficient, and direct cause of the injury or damage. . . ."
Accordingly, "summary disposition for the defendant officers was proper because reasonable jurors could not find that the officers were `the proximate cause' of the injuries."
Applying this Court's rationale in Robinson to the instant case, Harman's failure to intervene in Beals's drowning cannot reasonably be found to be "the one most immediate, efficient, and direct cause" of Beals's death. While it is unknown what specifically caused Beals to remain submerged under the water, the record indicates that Beals voluntarily entered the pool and voluntarily dove under the surface of the shallow end into the deep end without reemerging. Although plaintiff alleges that Harman's inattentiveness prevented him from attempting a
Under the facts of this case, Harman's inaction does not constitute the "most immediate, efficient, and direct cause" of Beals's drowning. Harman did not cause Beals to enter the pool and swim to the deep end, an act the accomplished swimmer performed voluntarily, nor did Harman cause Beals to remain submerged in the water, which was undeniably a more direct cause of Beals's death than any inaction on the part of Harman. That we lack the reason for Beals's prolonged submersion in the water does not make that unidentified reason any less the "most immediate, efficient, and direct" cause of his death. Consequently, while Harman's failure to intervene may be counted among the myriad reasons that Beals did not survive this occurrence, it certainly was not "the proximate cause" of his death for purposes of MCL 691.1407(2)(c).
In concluding to the contrary, the Court of Appeals majority appears to have conflated Harman's alleged breach of duty with the proximate cause of Beals's death. In holding that "reasonable minds could conclude Harman's failure to intervene constituted the one most immediate, efficient, and direct cause of Beals's death," the majority focused on Harman's obligation to rescue Beals and reasoned that Harman's grossly negligent conduct resulted in his failure to notice Beals's distress and respond appropriately.
This Court reversed the Court of Appeals for the reasons stated in Judge GRIFFIN'S dissent, thereby adopting his conclusion that the defendant was immune from tort liability under MCL 691.1407(2) because "`the most immediate, efficient and direct cause'" of the children's deaths "was the fire itself, not defendant's alleged gross negligence in fighting it."
As with the situation of the firefighter in Dean, Harman's failure to intervene in Beals's already-initiated drowning does not transform his inaction into the proximate cause of Beals's death, even though plaintiff's expert opined that timely intervention might have prevented Beals's death.
Accordingly, under Robinson, plaintiff cannot, as a matter of law, establish that
It bears repeating that this case arose in the scope of governmental employment. Harman was a governmental employee and the clearly established underlying principle is that he is generally immune from tort liability if he is in performance of a governmental function. The Legislature has carved out a very narrow exception to that immunity for employees whose conduct is (1) grossly negligent and (2) "the proximate cause" of another's person's injury, which this Court has interpreted to mean the most direct cause of that injury.
We hold that Harman's conduct did not constitute "the proximate cause" of the deceased's death as a matter of law and that the exception to governmental immunity articulated in MCL 691.1407(2) is inapplicable. Consequently, the trial court should have granted summary disposition in favor of Harman under MCR 2.116(C)(7), because he is entitled to the protections of governmental immunity. Accordingly, we reverse in part the judgment of the Court of Appeals, and we remand this case to the Barry Circuit Court for entry of an order granting summary disposition in favor of defendant Harman.
YOUNG, C.J., MARKMAN, MARY BETH KELLY, McCORMACK, and VIVIANO, JJ., concurred with ZAHRA, J.
BERNSTEIN, J. (dissenting).
Under the governmental tort liability act, MCL 691.1401 et seq., a governmental
I believe that the lifeguard's failure to rescue the deceased was the one most immediate, efficient, and direct cause of death. Although an autopsy indicated that the deceased died by drowning, there is no evidence as to how this came to pass. Defendant William J. Harman attempts to use the unknown in his favor, arguing that whatever caused the deceased to remain submerged was the proximate cause of his death. However, there is no indication that the deceased intentionally stayed at the bottom of the pool or suffered any sort of cataclysmic health event that would have kept him there.
Contrary to the prevailing image of drowning victims to display obvious signs of distress, drowning can happen both quickly and quietly.
It is undisputed here that Harman, the sole lifeguard on duty, was distracted from his duties; he was not in his designated position, which would have given him the best vantage point of the pool, and he ignored several calls for help from the student who found the deceased. Pointing to an unknown health event as the one most immediate, efficient, and direct cause of death places on plaintiff the unenviable burden of proving a negative, because there is no indication that any such health event occurred.
In the absence of any evidence that would support such a finding, it seems clear that it is the lifeguard's failure to ensure effective and continuous surveillance of the students that was the one most immediate, efficient, and direct cause of death. Because I would hold that the lifeguard's conduct was "the proximate cause" of death, I would find that the exception to governmental immunity articulated in MCL 691.1407(2) is applicable and I would deny leave to appeal.
Moreover, given that there is no evidence that Beals struggled in the water or displayed any signs of distress, it is unclear that even a prudent lifeguard would have been able to observe and prevent Beals's drowning. This further illustrates that, based on the facts presented in this case, the connection between Beals's death and Harman's breach of duty is simply too tenuous for Harman's negligence to constitute the proximate cause of Beals's death.