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. [...]
Tag: automobile insurance
Supreme Court Grants to Consider Whether Governmental Entities are Liable for “Wage Loss” Damages Under No-Fault Act
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. Â The Governmental Tort Liability Act (GTLA) allows suit [...]
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 [...]
No-Fault Insurer Entitled to Judgment on Hospital’s Claim for Reimbursement of Medical Expenses for Motorcyclist’s Injuries for Accident Caused in Avoiding Collision with Motor Vehicle
In DMC v. Progressive, The Court of Appeals reversed a trial court judgment for the plaintiff hospital which sought reimbursement from defendant no-fault insurer of medical expenses for care to an injured motorcyclist. The motorcyclist suffered serious injuries after he ditched his bike to avoid a collision with an automobile about to cross into his path. [...]
Michigan Supreme Court Rules on Causal Connection Required to Receive No-Fault Benefits in Addressing Whether Plaintiff’s 2008 Spinal Cord Injury Suffered in a Motorcycle Accident Due to a Seizure “Arose Out Of” 2007 Motor Vehicle Accident in which Plaintiff Suffered a Brain Injury that Induced Seizures
In this recent opinion, the Michigan Supreme Court in a (5-1 opinion (Justice Cavanagh dissenting and Justice Viviano not participating)), rules that a plaintiff who was rendered a paraplegic after he suffered a seizure resulting in a crash while riding a motorcycle in 2008 Â was not entitled to no-fault benefits from the defendant insurance company, [...]