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S T A T E O F M I C H I G A N
C O U R T O F A P P E A L S


JEANNE CADARET, Next Friend of REBECCA CADARET, Minor, Plaintiff/Appellee/ Cross-Appellant, v TOM PACHERA and GROSSE POINTE PUBLIC SCHOOLS BOARD OF EDUCATION, Defendants/Appellants/ Cross-Appellees.

UNPUBLISHED October 22, 1996

No. 186633 LC No. 94-426837-NO

Before: Wahls, P.J., and Cavanagh and J.F. Kowalski,* JJ. PER CURIAM. In this negligence action, defendants appeal by leave granted the trial court's order denying their motion for summary disposition. Plaintiff has filed a cross-appeal challenging the trial court's ruling that defendant school board was engaged in a non-proprietary function. We reverse. Rebecca Cadaret, a sixth grade student at Pierce Middle School, was injured while on a downhill ski trip sponsored by the school drama club and the P.T.O. Defendant Pachera was one of several chaperones accompanying the students on the outing. Plaintiff filed a complaint against defendants, alleging that that the school board and Pachera failed to provide adequate supervision and medical care. In denying defendants' motion for summary disposition, the trial court held that the ski trip was a nongovernmental function, that an issue of fact existed with regard to whether Pachera was grossly negligent, and that the Ski Area Safety Act, MCL 408.321 et seq.; MSA 18.483(1) et seq. did not bar plaintiff's claims.

* Circuit judge, sitting on the Court of Appeals by assignment. -1

Defendant school board argues that it is entitled to absolute immunity from tort liability under MCL 691.1407(5); MSA 3.996(107)(5). We disagree. By its terms, section 1407(5) applies only to claims asserted against individual defendants. In the instant case, there are no allegations directed at the board members individually. Rather, plaintiff contends that the board itself was negligent in failing to provide adequate supervision. Thus,

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