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 [...]
Category: Governmental Immunity
Supreme Court to Consider Both “Noneconomic” and “Economic Benefits” Damages Cases Against Governmental Entities
As I had predicted in earlier posts (see below), and suggested in my amicus curiae brief to the Supreme Court in Hannay v. MDOT, Supreme Court Docket No. 146763, yesterday, the Michigan Supreme Court issued an order granting reconsideration of the application filed in Hunter v. Sisco, Supreme Court No. 147335, ordering the parties to [...]
Supreme Court to Consider “Scope” of Government’s Liability Under Motor Vehicle Exception and No-Fault Insurance Act
Yesterday, I filed an amicus curiae brief on behalf of the Michigan Townships Association, Oakland County, Macomb County, and Wayne County to challenge the Court of Appeals' decision in Hannay v. Michigan Department of Transportation. There the Court of Appeals ruled that "bodily injury" damages available against the government for injuries arising from the negligent operation of a [...]
Michigan Supreme Court Denies Leave in Two of Three Cases Pending to Address Legal Causation Under No-Fault Act for Motorcycle Accidents
Last week I filed an amicus curiae (friend of the court) brief in the State Farm v. MMRMA case pending on application to the Michigan Supreme Court. Â As I mentioned in my last post, there were two other cases, both pending on applications to the Court, which asked the Court to deal with the same [...]
Supreme Court Hears Oral Argument on “Parallel Parking Space” Defect Case Against Government
Last week, the Michigan Supreme Court heard oral argument in the case of Yono v. Michigan Department of Transportation, Supreme Court Docket No. 146603. I recently filed a supplemental amicus curiae brief on behalf of Oakland County Road Commission, Wayne County and Macomb County Department of Roads, which you can read here:Â 146603SuppAmicusCMDR. I had previously [...]