As I had predicted in earlier posts, the Supreme Court has ruled that a motorcyclist who borrowed a stolen motorcycle, but did not know the motorcycle had been stolen, was entitled to benefits under Michigan's No-Fault Automobile Insurance Act, and the "unlawful taking" exclusion did not apply. The Court issued its opinion yesterday in Rambin v. [...]
Tag: bodily injury
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 [...]
Supreme Court to Consider Both “Noneconomic” and “Economic Benefits” Damages Cases Against Governmental Entities
As I had predicted in earlier posts (see below), and suggested in my amicus curiae brief to the Supreme Court in Hannay v. MDOT, Supreme Court Docket No. 146763, yesterday, the Michigan Supreme Court issued an order granting reconsideration of the application filed in Hunter v. Sisco, Supreme Court No. 147335, ordering the parties to [...]
Supreme Court to Consider “Scope” of Government’s Liability Under Motor Vehicle Exception and No-Fault Insurance Act
Yesterday, I filed an amicus curiae brief on behalf of the Michigan Townships Association, Oakland County, Macomb County, and Wayne County to challenge the Court of Appeals' decision in Hannay v. Michigan Department of Transportation. There the Court of Appeals ruled that "bodily injury" damages available against the government for injuries arising from the negligent operation of a [...]