The Michigan Court of Appeals issued its opinion in a case I briefed (92675_Moore_Appellant's_Brief_313440.12.26.2013.1838) and argued in the Court of Appeals last summer, ruling consistent with the Supreme Court's recent disposition of workers compensation insurance coverage for subcontractors holding themselves out to be employers, while claiming to be employees. The facts involved a workers compensation claimant [...]
Tag: bodily injury
Court Holds “Bodily Injury” Damages Include “Pain and Suffering” and “Non-economic Damages” In “Motor Vehicle” Accident Claims Against Government
I previously wrote a short post about this case, but since I authored an amicus curiae brief for Michigan Townships Association, and the counties of Oakland, Wayne and Macomb, I have engaged in a bit more analysis. The Supreme Court released its long awaited opinion in Hannay v. MDOT and Hunter v. Sisco, on December 19. The underlying facts [...]
Court Holds “Bodily Injury” Damages Include “Pain and Suffering” and “Non-economic Damages” In “Motor Vehicle” Accident Claims Against Government
In a much awaited opinion, the Michigan Supreme Court has held that a claimant may recover "nonecconomic damages" such as "pain and suffering" and "emotional distress" damages and excess "economic damages" in actions against the government under the "motor vehicle" exception to governmental immunity. Two lower appellate court cases came to opposite conclusions about whether [...]
Employee Driving Company Truck to Job Site Not “In the Course and Scope of Employment” Under Workers Disability Compensation Act
The Court of Appeals (in a 2-1 majority opinion) issued a significant case yesterday, albeit unpublished, holding that an employee driving a company vehicle to a job site location in another part of the state was not "in the course and scope of his employment" when injured in a traffic accident while en route to [...]
Missing Pane of Glass from Public Bus Shelter Not a Defective or Dangerous Condition Sufficient to State Cause of Action Against Public Bus Authority Under “Public Building” Exception to Governmental Immunity
The Summary Disposition Standard Debate This case highlights a current conflict among the Court of Appeals. There is a current “debate” among Court of Appeals panels in recent opinions about the sufficiency of pleading a cause of action against the government when assessing the government’s motion for summary disposition under MCR 2.116(C)(7), which provides for [...]