Supreme Court to Address Interplay (If Any) Between the No-Fault Act and the Governmental Tort Liability Act

Last Friday, September 19, 2014, I participated in a panel discussion at the Negligence Law Section breakout at the state bar conference in Grand Rapids to discuss the Michigan Supreme Court's upcoming (October 8) hearing of oral arguments in the calendar cases of Hunter v. Sisco, et al, and Hannay v. MDOT, the latter in which I [...]

“Gross Negligence” Exception to Governmental Immunity Under Attack in Cases Against First Responders / Law Enforcement Officers

The Court of Appeals has released two cases that appear to undermine the meaning of the "statutory" "gross negligence" exception, MCL 691.1407(2) under Michigan's Governmental Tort Liability Act (GTLA). The GTLA, MCL 691.1401 et seq., provides immunity for law enforcement officers and other individual governmental employees engaged in the discharge of a governmental function and while [...]

Supreme Court Denies Challenge to Court of Appeals Holding that Term “Bodily Injury” in Motor Vehicle Exception to Governmental Immunity is Limited to Medical Damages for Corporeal Injury to Body and Does Not Encompass Non-Economic Tort Damages

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 [...]

Notice of Intent to Sue Government Sent to Third Party Claims Administrator Insufficient to Invoke Exception to Governmental Immunity – Court of Appeals Publishes Decision Holds Notice to Third-Party Claims Administrator Insufficient to Give Government Notice of Claim of Defective Sidewalk

On August 1, 2013, the Court of Appeals released a decision for publication in the case of McLean v. City of Dearborn, clarifying the strict requirements that notice of a claim for defective sidewalks under the highway exception to governmental immunity must be served on the individuals authorized by the governmental immunity statute, not the third-party [...]