In this article for the Summer 2020 Edition of Crossroads, the Quarterly Journal of the County Road Association of Michigan, Lex Fori PLLC attorney Carson J. Tucker discusses several legal issues that could potentially expand liability of governmental entities defending suits under the highway exception to governmental immunity. The article addresses an important case being [...]
Tag: Governmental Tort Liability Act
Supreme Court of Michigan to Address Retroactive Application of MCL 224.21’s 60-day Notice Provision to Defective Highway Claims Against Governmental Entities
Michigan Supreme Court to Reconsider 60-Day Notice Provision as Applied to County Road Commissions and Other Governmental Entities
Subjective Good Faith Exception Established by Michigan Supreme Court in Odom v Wayne County Continues to Clearly Delineate Parameters of Liability for Law Enforcement Officers in Michigan
In a case brought to the Michigan Supreme Court by Carson J. Tucker in 2008, Odom v. Wayne County, a seminal (and essentially unanimous) decision and a lasting jurisprudential pillar of governmental tort liability law in Michigan, the Court interpreted the "subjective, good-faith" exception to intentional tort and gross-negligence claims found in Michigan's Governmental Tort [...]
Lawyer’s Weekly Chronicles Appellate Court Victory by Law Offices of Carson J. Tucker
The lawyer's weekly recently published an article on the Menard v Imig case in which I successfully represented the Macomb County governmental defendants in the Court of Appeals, briefing and arguing this case addressing governmental immunity and the highway defect exception under the Governmental Tort Liability Act. Macomb County Road Department Not Liable
Michigan Supreme Court Poised to Decide Whether Strict or Substantial Compliance is Sufficient Under Highway Exception to Governmental Immunity
Oral arguments on applications to the Michigan Supreme Court have been scheduled to determine whether the notice provisions of the Governmental Tort Liability Act’s (GTLA) “highway exception” to immunity are to be “strictly” or only “substantially” complied with. The order springs from two Court of Appeals cases, Wigfall v Detroit, and West v Detroit. Both cases [...]