In Jones v. Home Owners Ins. Co.COA, a 2-1 unpublished opinion, the Michigan Court of Appeals held that a claimant suffering disabling injury in an auto accident was entitled to no-fault wage-loss benefits under Michigan's No-Fault Act, characterizing her as "temporarily unemployed" under MCL 500.3107a. MCL 500.3107 of the No-Fault Act provides for first-party insurer "work-loss [...]
Category: Michigan Court of Appeals Unpublished Opinions
In Michigan, Michigan Court Rule (MCR) 7.215(C)(1)currently provides that “[a]n unpublished opinion is not precedentially binding under the rule of stare decisis. A party who cites an unpublished opinion must provide a copy of the opinion to the court and to the opposing parties with the brief or other paper in which the citation appears.”
Bank’s Failure to Raise “Abandonment” of Contract Constitutes Waiver in Breach of Contract Action
In Clapper, et al. v. Zochowski, et al, the Court of Appeals reversed the trial court's ruling granting summary disposition in favor of a bank in a breach of contract action surrounding a loan purchase agreement. The plaintiff sought to purchase a loan obligation held by the bank. The bank was required to produce certain [...]
Lego v. Liss – State Files Appeal in Governmental Immunity Case Involving “Friendly Fire” Incident
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 [...]
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 Poised to Address Damages Claims Against Government for Negligent Operation of Motor Vehicles
As I mentioned in a previous post, the Michigan Supreme Court issued a reconsideration and Grant Order, and a Consolidation Order, with respect to the Court of Appeals' decisions in Hunter v. Sisco, et al. and Hannay v. MDOT cases and will consider them together as calendar cases in the fall. This is turning out to be a significant case both for [...]