Law Offices of Carson J. Tucker filed an application in the Michigan Supreme Court on February 25 in the case of Menard v Imig requesting the Michigan Supreme Court to tie up loose ends in the interpretation of the notice provision in the Highway Exception to governmental immunity under the Governmental Tort Liability Act (GTLA), [...]
Tag: defective highway
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 [...]
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 Remands for Court of Appeals to Reconsider “Parallel Parking” Highway Defect Case
Attached is an order issued today, April 1, 2014, in the case of Yono v. Dep't of Transportation.146603, by the Supreme Court. This is the case in which the Plaintiff alleged a highway defect under the exception to governmental immunity found in MCL 691.1402(1), for injuries incurred when she slipped and fell in an alleged defect [...]
No “Prejudice Requirement” or Other Judicial Constructs Can Nullify Strict Compliance with Statutory Notice Provisions to Perfect Claims Against the Government
On November 7, 2013, in Vega v. Gillette, et al., the Court of Appeals ruled a plaintiff who failed to file a notice of an intent to sue the state under MCL 600.6431(3) was barred from suing the government under the motor vehicle exception, MCL 691.1404 of the Governmental Tort Liability Act (GTLA). The plaintiff was [...]