MSU immune from liability for student's fall from sixth floor dormitory window, as dorm not a "public building."
Alexandra Pew sued MSU after she fell backwards out of a sixth-floor window in Case Hall dormitory. Apparently, Pew and another student were "sitting on the ledge thing" on the sixth floor, when the window shattered and Pew fell six floors to the ground. MSU argued that under the analysis of the current Republican majority of the Michigan Supreme Court, MSU is immune from any negligence involved in the care or maintenance of the dorm.
Pew's lawyers argued that the dormitory is a public building and that by statute, the State remains responsible for injuries that result from negligent maintenance of the dorm. The College argued that under the newer interpretations of the statute, since the sixth-floor was not open to the public at the time of the injury, the college was immune from liability. The Court of Appeals agreed with MSU and upheld summary disposition of Pew's lawsuit: it ruled that even if the college was negligent in maintaining the building and window, the State had not granted victims the right to sue in this circumstance because admission into the building at the time of the injury was limited.