In this article for the Summer 2020 Edition of Crossroads, the Quarterly Journal of the County Road Association of Michigan, Lex Fori PLLC attorney Carson J. Tucker discusses several legal issues that could potentially expand liability of governmental entities defending suits under the highway exception to governmental immunity. The article addresses an important case being [...]
Category: Governmental Immunity
Supreme Court of Michigan to Address Retroactive Application of MCL 224.21’s 60-day Notice Provision to Defective Highway Claims Against Governmental Entities
Michigan Supreme Court to Reconsider 60-Day Notice Provision as Applied to County Road Commissions and Other Governmental Entities
Subjective Good Faith Exception Established by Michigan Supreme Court in Odom v Wayne County Continues to Clearly Delineate Parameters of Liability for Law Enforcement Officers in Michigan
In a case brought to the Michigan Supreme Court by Carson J. Tucker in 2008, Odom v. Wayne County, a seminal (and essentially unanimous) decision and a lasting jurisprudential pillar of governmental tort liability law in Michigan, the Court interpreted the "subjective, good-faith" exception to intentional tort and gross-negligence claims found in Michigan's Governmental Tort [...]
Michigan High Court to Address Scope of “Gross Negligence” Exception to Governmental Immunity
In an order issued on December 23, 2014, the Michigan Supreme Court has granted oral argument to consider the state's application in this wrongful death case. (Estate of Beals.Order). The plaintiff is the estate of an individual who was a student at a state technical college that provided vocational and technical training to individuals with [...]
Court Holds “Bodily Injury” Damages Include “Pain and Suffering” and “Non-economic Damages” In “Motor Vehicle” Accident Claims Against Government
I previously wrote a short post about this case, but since I authored an amicus curiae brief for Michigan Townships Association, and the counties of Oakland, Wayne and Macomb, I have engaged in a bit more analysis. The Supreme Court released its long awaited opinion in Hannay v. MDOT and Hunter v. Sisco, on December 19. The underlying facts [...]