Scott v TKMS and Travelers
Category: Insurance and Indemnity
Carson J. Tucker Defends Appeal of Victory for Governmental Entity in Michigan Supreme Court
I have filed a complex answer to an appeal in the Michigan Supreme Court addressing several key governmental immunity issues being litigated and addressed in Michigan. The Court of Appeals ruled in our favor and dismissed the suit against my client, but made several questionable statements in dicta in its opinion that we still may [...]
Lawyer’s Weekly Chronicles Appellate Court Victory by Law Offices of Carson J. Tucker
The lawyer's weekly recently published an article on the Menard v Imig case in which I successfully represented the Macomb County governmental defendants in the Court of Appeals, briefing and arguing this case addressing governmental immunity and the highway defect exception under the Governmental Tort Liability Act. Macomb County Road Department Not Liable
Victory in Court of Appeals for Law Offices of Carson J. Tucker
In a case I briefed and argued on July 10, the Michigan Court of Appeals in a 2-1 opinion has reversed the trial court’s decision denying Macomb County's motion for summary disposition, and has remanded to the trial court for a full dismissal of the lawsuit as against the Macomb County Defendants. Judges O’Brien and [...]
Michigan Supreme Court Poised to Decide Whether Strict or Substantial Compliance is Sufficient Under Highway Exception to Governmental Immunity
Oral arguments on applications to the Michigan Supreme Court have been scheduled to determine whether the notice provisions of the Governmental Tort Liability Act’s (GTLA) “highway exception” to immunity are to be “strictly” or only “substantially” complied with. The order springs from two Court of Appeals cases, Wigfall v Detroit, and West v Detroit. Both cases [...]