Bullock v. Huster

In Bullock v. Huster, 209 Mich. App. 551, 553; 532 N.W.2d 202 (1995), vacated and remanded 451 Mich. 884, 549 N.W.2d 573 (1996), (On Remand), 218 Mich. App. 400; 554 N.W.2d 47 (1996), the plaintiff, a minor child, by her next friend, filed suit against the defendant alleging that she acted in a negligent and grossly negligent manner while performing her duties as a guardian ad litem. Specifically, the plaintiff alleged that the defendant failed to conduct an adequate investigation before making a recommendation. Bullock, 209 Mich. App. at 553. The defendant filed a motion for summary disposition, arguing that as a guardian ad litem she was absolutely immune from tort liability. Id. The trial court denied the defendant's motion for summary disposition and her motion for reconsideration. Bullock, 209 Mich. App. at 554. A panel of this Court affirmed, holding that the defendant was not entitled to immunity based on her status as a guardian ad litem. Id. The Court reasoned: Clearly, the 1986 governmental immunity act represents a comprehensive review of governmental immunity. Yet, the Legislature failed to include guardians ad litem within the class of persons entitled to immunity. Where the Legislature undertakes such broad reform, the expression of one thing in the resulting statute may be deemed the exclusion of another. See Jennings v. Southwood, 446 Mich. 125, 142; 521 N.W.2d 230 (1994). While subsection 5 grants immunity to "judges," there is no indication that this term should be construed beyond its plain meaning to include persons appointed by judges in any capacity. The Legislature drafted subsection 5 to apply only to those persons who are the ultimate decision makers in their respective branches of government--for example, "legislators" and "elective or highest appointive executive officials." Subsections 2 and 3, regarding employees of government agencies, are inapplicable to guardians ad litem. No other provisions in the act apply to guardians ad litem. Under these circumstances, we hold that the intent of the Legislature was to exclude guardians ad litem from the scope of governmental immunity. The wisdom of this exclusion is not a matter for our review. Bullock, 209 Mich. App. at 555.