Attached is an order issued today, April 1, 2014, in the case of Yono v. Dep’t of Transportation.146603, by the Supreme Court.
This is the case in which the Plaintiff alleged a highway defect under the exception to governmental immunity found in MCL 691.1402(1), for injuries incurred when she slipped and fell in an alleged defect on the surface of a parallel parking area adjacent to highway M-22 in Sutton’s Bay.
I wrote an amicus curiae brief for Wayne, Oakland and Macomb counties in support of the state’s Application for Leave to Appeal, and then a supplemental amicus brief after oral argument was granted on the application to urge the Court to grant, reverse the Court of Appeals decision, which was in favor of the plaintiff, or to grant other relief as necessary.
The Court remands the case to the Court of Appeals for it to consider (1) “what standard a court should apply in determining as a matter of law whether a portion of highway was “designed for vehicular travel,” as used in MCL 691.1402(1); and (2) whether the plaintiff has pled sufficient facts to create a genuine issue of material fact under this standard.”
Prior information about this case were written about in my previous posts. To see the progression of this case as it made its way through the appellate courts, and the involvement we had in furthering the interests of our clients, see the following prior links:
Amicus Curiae Brief Filed for Wayne, Macomb and Oakland Counties in Highway Defect Case
Oral Argument Held to Consider “Parallel Parking” Highway Defect Claim
Supreme Court Grants to Consider “Parallel Parking Spot” Highway Defect Claim After Amicus Brief Filed by Carson J. Tucker for Wayne, Macomb and Oakland Counties
Supreme Court to Consider “Parallel Parking” Spot / Highway Defect Claim
Court of Appeals Allows Claim Against Government for Highway Defect in Parallel Parking Spot
Please let me know if you have any questions regarding this order.
Feel free to call Carson J. Tucker, Chair of the Appeals and Legal Research Group at Lacey & Jones, LLP at (248) 283-0763 if you have any questions about any of these cases. Mr. Tucker regularly participates in cases before the Supreme Court and Court of Appeals on issues touching many subject-matter areas of civil litigation, including governmental immunity.
Throughout its storied history, Lacey & Jones has distinguished itself from other law firms by maintaining a robust Appeals and Legal Research Group. Effective appellate representation demands different skills than those required by litigation attorneys. Our appellate attorneys are adept at analyzing the intricacies of each case from an objective and critical perspective. From reviewing and preparing the lower court record, identifying appealable errors, and developing a strategy to raise issues that will be addressed by appellate courts, our seasoned appellate team is capable of handling the most complex appeals from the application stage to oral advocacy before the highest courts. Our research abilities and knowledge of current issues in nearly all major subject-matter areas of the law provide our clients with efficient and immediate assistance with complex and high-exposure cases. We are experienced at navigating through the Michigan Court of Appeals and Supreme Court to shepherd the appeal in the most expeditious fashion possible so that it can be reviewed and quickly ruled upon. During the last three decades alone, the Appeals and Legal Research Group at Lacey & Jones has been responsible for over 150 published decisions in the Michigan Court of Appeals and Supreme Court, including seminal decisions in workers’ compensation, governmental immunity, employment and labor law, civil rights law and insurance coverage. Because of its specialized knowledge and focus on appellate law and its recognized expertise, the Appeals and Legal Research Group at Lacey & Jones has been asked to participate as amicus curiae writing briefs for the Supreme Court or as special counsel to the Michigan Attorney General and other governmental entities in some of the most significant cases in the Court of Appeals and Supreme Court. Below are some of the recent significant cases in which Lacey & Jones, LLP’s Appeals and Legal Research Group has participated.
- State Farm v. MMRMA, ___ Mich App ___ (2013), amicus curiae for Oakland County in support of MMRMA application, by Carson J. Tucker
- Hannay v MDOT, ___ Mich ___ 201_), application granted, amicus curiae to be filed for MTA, et al., by Carson J. Tucker
- Yono v. MDOT, ___ Mich ___ (2014), Court remands to Court of Appeals after oral argument on application granted, amicus curiae brief for Oakland, Macomb and Wayne Counties filed by Carson J. Tucker in support of the state’s application
- Huddleston v. Trinity Health, et al., ___ Mich ___ (201_), oral argument on application granted, amicus curiae with Lawrence Garcia, Esq., for MDTC
- Ashley, LLC v Pittsfield Twp., 494 Mich 875 (2013), application granted, for Pittsfield Township by Carson J. Tucker (resolved by settlement)
- Bailey v. Schaaf, ___ Mich ___ (2013), amicus curiae for MDTC by Carson J. Tucker
- Atkins v. SMART, 492 Mich 707 (2012), oral argument on application, Court of Appeals case reversed by opinion, Carson J. Tucker
- Hagerty v Manistee, 493 Mich 933 (2013), amicus curiae for Michigan Municipal League, et al., by Carson J. Tucker
- McMurtrie v Eaton Corp, 490 Mich 976 (2011)
- Findley v DaimlerChrysler Corp., 490 Mich 928 (2011)
- Brewer v. AD.Transport Express, Inc, 486 Mich 50 (2010)
- Stokes v Chrysler, 481 Mich 266 (2008)
- Brackett v Focus Hope, Inc, 482 Mich 269 (2008)
- Rakestraw v Gen Dynamics, 469 Mich 220 (2003)
- Sington v Chrysler Corp., (2002)
Other appeal cases Carson Tucker has handled include
- Hamed v. Wayne County, et al., 490 Mich. 1 (2011), reversing Court of Appeals published opinion after being briefed and argued by Carson J. Tucker on behalf of Wayne County
- Odom v. Wayne County, et al., 482 Mich. 459 (2008), reversing Court of Appeals after being briefed and argued by Carson J. Tucker on behalf of Wayne County and Wayne County Sheriff and Deputies
- Michigan Department of Transportation v Employers Mutual Casualty Co, et al., 481Mich. 862 (2008), reversing Court of Appeals after being briefed and argued on application by Carson J. Tucker for Trucking Company and Insurer
- Nuculovic v. Hill and SMART, 287 Mich. App. 58 (2010), briefed by Carson J. Tucker for SMART
- Molnar v. Amy Allen, Oakland County Care House, et al, 359 Fed. Appx. 623 (6th Cir. 2009), affirming district court’s judgment in favor of client represented by Carson J. Tucker
- Molnar v. Amy Allen, Oakland County Care House, et al., Case No. 09-1536 (2009), successful defense of application to United States Supreme Court by Carson J. Tucker
- Wetherill v. McHugh, et al., Case No. 10-638 (2011), co-draft response on behalf of South Dakota National Guard to petition for appeal to United States Supreme Court, cert denied by Supreme Court.