Edward V Clinton Valley Center - Assignment Example

Issue Should the plaintiff be granted an order of summary judgment as a result of the plaintiff’s negligence? Judgment No, Affirmed. Reasons The court is guided by the Michigan Supreme Court under the rule of stare decisis; this is unconditional unless amended otherwise. Therefore, the court affirmed the decision of the court of claims that dismissed the plaintiff's negligence on the basis of Governmental immunity. Parker v Port Huron hospital case affirms that the law promotes sound principles and expediency; it is intended to limit errors in decision making.

However, guided by the decision in Perry v Kalamazoo state hospital, the court affirms that the liability of the government to liability of torts includes care offered by public mental hospitals on a day to day routine. Additionally, informed by the dissenters’ decisions in the case, a mental hospital should be responsible for its torts; the government works in collaboration with other stakeholders whose welfare and protection should be guaranteed. Failure to consider negligence of mental hospitals in providing services to their patients imposes a risk burden on its employees and their families; modification of the governmental immunity doctrine will ensure justice to all.

Application The law case demonstrates the principle of stare decisis in court decisions. The principle requires a court to be guided by the decisions of the higher court regardless of their opinion on the laws addressed. The decision is affirmed on a legal basis based on the provisions of the Michigan Supreme court.