Tag: highway exception

Supreme Court to Consider Both “Noneconomic” and “Economic Benefits” Damages Cases Against Governmental Entities

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As I had predicted in earlier posts (see below), and suggested in my amicus curiae brief to the Supreme Court in Hannay v. MDOT, Supreme Court Docket No. 146763, yesterday, the Michigan Supreme Court issued an order granting reconsideration of the application filed in Hunter v. Sisco, Supreme Court No. 147335, ordering the parties to [...]

Supreme Court Hears Oral Argument on “Parallel Parking Space” Defect Case Against Government

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Last week, the Michigan Supreme Court heard oral argument in the case of Yono v. Michigan Department of Transportation, Supreme Court Docket No. 146603. I recently filed a supplemental amicus curiae brief on behalf of Oakland County Road Commission, Wayne County and Macomb County Department of Roads, which you can read here: 146603SuppAmicusCMDR. I had previously [...]

No “Prejudice Requirement” or Other Judicial Constructs Can Nullify Strict Compliance with Statutory Notice Provisions to Perfect Claims Against the Government

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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

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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 [...]