In an order issued yesterday, Hunter v. Sisco.sct.order.11.20.2013, the Michigan Supreme Court denied an appeal challenging the Court of Appeals published opinion, which held the term "bodily injury" in the statutory provision known as the motor vehicle exception to governmental immunity in the Governmental Tort Liability Act (GTLA), MCL 691.1405, does not encompass non-economic tort damages, such [...]
Tag: Governmental Immunity
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 [...]
Supreme Court to Consider Meaning of “Bodily Injury” Under Motor Vehicle Exception
I am writing an amicus curiae (friend of the court) brief on behalf of Wayne County and Michigan Townships Association, among others, in this public liability case in which the Supreme Court has granted the State of Michigan's application for leave to appeal to address whether "bodily injury" liability available against the government under the [...]
Supreme Court to Consider Scope of Highway Defect Exception
In Yono v. MDOT, Supreme Court Case No. 146603, a case in which I submitted an amicus curiae brief for Macomb County Department of Roads, Oakland County Road Commission and Wayne County in support of the state's application for leave to appeal, the Supreme Court granted oral argument on the application and invited additional briefing.  Read [...]
Bus Passenger’s Cause of Action Dismissed Against Transportation Commission – Court of Appeals Affirms Trial Court’s Judgment for Transportation Commission
In Palmer v. Blue Water Area Transportation Commission, the Court of Appeals affirmed a trial court's judgment of no cause of action against a governmental entity (here a transportation commission) in a suit by a bus passenger alleging negligence and gross negligence against the governmental entity and its employee, respectively. Plaintiff fell while boarding the bus. [...]