The Michigan Supreme Court has granted leave to appeal to address whether the "motor vehicle" exception to governmental immunity allows parties to seek economic damages in the form of "wage loss", for bodily injuries arising out of motor vehicle accidents in which a governmental entity is involved. The Governmental Tort Liability Act (GTLA) allows suit [...]
Category: Michigan Supreme Court Opinions
Michigan Supreme Court Rules Physical Custody of Children Per Court Order Under Child Custody Act Determines “Domicile” for Purposes of Allocating Priority of Coverage and Risk Sharing Among Automobile Insurers Under Michigan’s Automobile No-Fault Insurance Act
In a 4-3 opinion (authored by Justice Kelly and Joined by Chief Justice Young and Justices Cavanagh and Viviano) the Court addressed the meaning of the legal term “domiciled” in MCL 500.3114(1) of Michigan's No-Fault Automobile Insurance Act, which establishes the primary insurer for purposes of covering claims arising out of injuries from automobile accidents. [...]
Residential Landlords Placed on Notice of Criminal Activity on Premises Liable for Attacks on Tenants and Guests Even Where Attack Takes Place in Open / Public Spaces Adjacent to Apartment / Dwelling
The Michigan Supreme Court ruled today in the case of Bailey v. Schaaf Opinion.07,.30.2013.144055 Opinion, that a residential landlord could be held liable to the guest of a tenant who was randomly attacked by an unknown criminal perpetrator who entered the property. Tenants and guests at a barbecue held by one of the tenants were [...]
Michigan Supreme Court Issues Important 6-1 Decision on Priority of Payments for PIP Benefits and Rules Against Double Recovery
In Harris v. Auto Club.07.29.2013, the Michigan Supreme Court has ruled a plaintiff injured in a motor vehicle accident was not entitled to double recovery of medical benefits under the automobile liability policy issued to the owner of the motor vehicle involved in the accident. The plaintiff was injured when his motorcycle was struck by a [...]
County Sheriff Not Liable for Civil Damages for Contempt of Probate Court Order to Estate of Mental Health Patient Awaiting Transport to County Mental Health Facility
In In re Estate of Bradley (1), the Michigan Supreme Court held the Governmental Tort Liability Act (GTLA), MCL 691.1401, et seq., provides immunity from tort liability to a county sheriff and his or her deputies for alleged violation of a probate court order, which resulted in the suicide death of a patient awaiting transport [...]