Wade v. Dep't of Corrections

In Wade v. Dep't of Corrections, 439 Mich 158, 163; 483 NW2d 26 (1992), the Supreme Court of Michigan affirmed the lower court's ruling that the plaintiff failed to state a claim under the public building exception for injuries caused by the accumulation of oil, grease, food, and water on the prison floor. Id. at 161, n 4. In narrowly construing the exception, the Court held that it does not contemplate transitory conditions "because they are not related to the permanent structure or the physical integrity of the building" or claims of negligent janitorial care. Id. at 168, 170. The Court specifically concluded as follows: In sum we conclude that the public building exception is to be narrowly construed, and does not encompass claims of negligent janitorial care. A spill on the floor does not become part of the building itself by virtue of the risk of injury it may create for the plaintiff. Moreover, we do not believe the Legislature intended "dangerous or defective condition of a public building" to refer to such transitory conditions. The use of the ninety-day period for conclusively presuming knowledge, as well as the reference to time to "repair" the defect, reinforces our belief that the public building exception does not encompass transitory conditions or ordinary daily maintenance. In the present case, plaintiff's claim alleges no more than mere negligence: that grease, oil, food, and water were allowed to accumulate on the floor. This accumulation was the transitory condition which caused the plaintiff's injury. Furthermore, no defect of the public building itself was pleaded. Id. at 170-171.