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 [...]
Tag: carson tucker
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 [...]
Surveillance Recordings Created by Private Entity “Public Records” Subject to FOIA Disclosure Where Law Enforcement Takes Possession of Such Records in Pending Investigation
In Amberg v. City of Dearborn, released on December 16, 2014, the Michigan Supreme Court has held that video surveillance created by a private entity but handed over to law enforcement officials for a pending misdemeanor investigation were public records subject to disclosure under Michigan's Freedom of Information Act (FOIA). The video surveillance was created [...]
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The Court of Appeals (in a 2-1 majority opinion) issued a significant case yesterday, albeit unpublished, holding that an employee driving a company vehicle to a job site location in another part of the state was not "in the course and scope of his employment"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 [...]
Michigan Supreme Court Remands to Appellate Commission Directing Assessment of Post-Injury Retirement and Effect on Wage Loss
In a case I brought to the Michigan Supreme Court on application from a Court of Appeals denial and Michigan Compensation Appellate Commission decision, the Court agrees with my argument the Commission did not address whether the claimant's wage loss was attributable to her work-related injury, or rather due to her acceptance of a retirement [...]