By James Windell
The Michigan Supreme Court has just announced that it will hear oral arguments related to government immunity in a fatal drowning case.
Crystal LeDuke filed a wrongful death lawsuit against the City of South Haven in May 2024 after her 18-year-old son Brandon Chambers drowned while swimming at a city beach in 2020.
In September, 2025, the Michigan Court of Appeals ruled that the City of South Haven has governmental immunity, siding with the city over LeDuke’s claim.
LeDuke, the plaintiff, has argued that the City is not entitled to governmental immunity because it operates its beaches for the purpose of generating a profit. The City moved for summary disposition arguing that it is entitled to governmental immunity because its operation of South Beach is a government function. Furthermore, South Haven contended that the proprietary function exception does not apply because its operation of its beaches is self-sustaining and its primary purpose for operating the beaches is not to create a profit.
Initially, a trial court denied the motion, finding that a genuine issue of material fact exists as to whether the City operates its beaches for profit. The Michigan Court of Appeals, however, in September, 2025, reversed this decision in a 2-1 unpublished opinion.
On April 3, 2026, the Michigan Supreme Court ordered oral argument on the application to address whether the Court of Appeals erred when it held that there is no question of fact regarding the application of the proprietary function exception to governmental immunity and that the defendant City of South Haven is entitled to summary disposition.
The Michigan Supreme Court could uphold or reverse the lower court’s order or issue its own interpretation of the case.
No date has been set yet for oral arguments.
