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: highway defect
Carson J. Tucker Files Supreme Court Application in Highway Defect Case
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), [...]
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 [...]
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 [...]