Last week, the state of Michigan filed an Application for Leave to Appeal in the Michigan Supreme Court challenging the Court of Appeals (majority) opinion in this case Lego v. Liss, holding that a police officer could be subject to liability (and not immune) in an incident in which the officer shot another police officer [...]
Category: Public Corporations
Court of Appeals Holds Tree Laying on Roadway Surface Not a “Defect” in the “Highway” Under “Highway Exception” to Governmental Immunity
In Estate of Truett v. Wayne County.opn, the Court of Appeals (Judges Servitto (presiding), Beckering, and Fort Hood) unanimously held that a tree lying in the roadbed is not a "defect" within the meaning of the "highway exception" to governmental immunity under the Governmental Tort Liability Act (GTLA), MCL 691.1401, et seq. I briefed and [...]
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 [...]
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 [...]
Court of Appeals Holds All Three Criteria in MCL 418.161(1)(n) Must Be Met Before a Person Can Be Considered an “Independent Contractor” as “Opposed to an Employee” Under Workers’ Compensation Insurance Policy
In  a published decision released yesterday, Auto Owners Ins Co v. All Star Lawn, et al Auto Owners Ins Co v. All Star Lawn, et al, the Court of Appeals concludes that all three criteria in MCL 418.161(1)(n) of the Workers Disability Compensation Act (WDCA) must be met before a person can be considered an “independent [...]