In Younkin v Zimmer et al, a 2-1 published opinion by the Court of Appeals, the Court affirmed a trial court's decision to issue a writ of mandamus requiring workers' compensation claims to be heard in the locality where the injury occurred in accordance with MCL 418.851.  The majority holds that the Michigan Legislature "limited the [...]
Tag: carson tucker
Michigan Supreme Court Concludes Judgment Entered on Motion is a “Verdict” Sufficient to Invoke Case Evaluation Awards and Costs Provision of Michigan Court Rules
Yesterday, in Acorn Investment Co v. Michigan Basic Property Insurance, the Michigan Supreme Court issued an opinion clarifying a point that has been in contention for quite some time regarding the meaning of the term "verdict" under Michigan Court Rule (MCR) 2.403(O), for purposes of determining when a trial court may issue an award of case [...]
Supreme Court Clarifies Meaning of “Unlawful Taking” Under Exclusion in Michigan’s No-Fault Act for Motorcycle Accident Claims
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. [...]
Lego v. Liss – State Files Appeal in Governmental Immunity Case Involving “Friendly Fire” Incident
Last week, the state of Michigan filed an Application for Leave to Appeal in the Michigan Supreme Court challenging the Court of Appeals (majority) opinion in this case Lego v. Liss, holding that a police officer could be subject to liability (and not immune) in an incident in which the officer shot another police officer [...]
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 [...]