In Palmer v. Blue Water Area Transportation Commission, the Court of Appeals affirmed a trial court's judgment of no cause of action against a governmental entity (here a transportation commission) in a suit by a bus passenger alleging negligence and gross negligence against the governmental entity and its employee, respectively. Plaintiff fell while boarding the bus. [...]
Category: Michigan Court of Appeals Unpublished Opinions
In Michigan, Michigan Court Rule (MCR) 7.215(C)(1)currently provides that “[a]n unpublished opinion is not precedentially binding under the rule of stare decisis. A party who cites an unpublished opinion must provide a copy of the opinion to the court and to the opposing parties with the brief or other paper in which the citation appears.”
Supreme Court Denies Application to Consider Whether Noneconomic Damages are Available Under No-Fault Act Against Governmental Entities
In Hodges.v.City of Dearborn et al, the Court of Appeals reversed a trial court's decision to allow a suit to proceed against a governmental entity in a wrongful death, liability suit involving a collision between a police vehicle responding to a reported fire and the plaintiff's decedent's vehicle.  The Court of Appeals held the plaintiff's estate [...]
Tenants Occupying Insured Property Not Entitled to Coverage for Loss of Home by Fire Where Insured Did Not Reside In Premises – Court of Appeals Issues 2-1 Decision Holding Insurer Did Not Owe Coverage for Claim
This is an interesting insurance coverage decision issued by the Court of Appeals involving a claim for coverage involving a residential property destroyed by fire, which was not occupied by the insured. In Null v. Auto Owners, et al.COA.Opinion.10.22.2013, a 2-1 decision (Judges Fitzgerald and O'Connell, Shapiro, J. dissenting), the Court of Appeals holds an [...]
Supreme Court Affirms Important Principle Regarding What Truly Constitutes a “Genuine” and Therefore “Material” Question of Fact Sufficient to Survive a Summary Motion for Judgment
In Fuhr v. Trinity Health Corp., et al., Supreme Court No. 147158, the Michigan Supreme Court peremptorily reversed the Court of Appeals decision to affirm denial of summary judgment to the defendants (hospital) in a Whistleblower's Protection Act (WPA) lawsuit filed by a former employee.  The plaintiff alleged he was terminated because of a call he placed [...]
Court of Appeals Issue Yet Another Opinion Articulating Different View of “Causation” in Motorcycle Accident Coverage Under No-Fault Act
In Braverman ex rel Smutzki v Auto-Owners Insurance Company, the Court of Appeals issued another legal ruling on the extent or level of "involvement of a motor vehicle" in a motorcycle accident required under the No-Fault Act.  In the past couple of months, the Court of Appeals has issued two other opinions, each of which seem [...]