Yesterday, I filed an amicus curiae brief on behalf of the Michigan Townships Association, Oakland County, Macomb County, and Wayne County to challenge the Court of Appeals' decision in Hannay v. Michigan Department of Transportation. There the Court of Appeals ruled that "bodily injury" damages available against the government for injuries arising from the negligent operation of a [...]
Tag: indemnity
Supreme Court to Consider “Residency” of Migrant Farm Workers Under No-Fault Act for Purposes of Priority of Insurance Coverage for No-Fault Benefits
Yesterday, the Michigan Supreme Court ordered oral argument on an insurer's application to consider the question of whether a migrant farm worker Salvador Lorenzo (Lorenzo) who maintained no permanent residency but spent time in North Carolina, Florida and Michigan every year was a "resident" of Michigan at the time passengers riding in his vehicle (Plaintiffs) [...]
Supreme Court Reverses Court of Appeals’ Ruling Property Owner Maintained Nuisance In Fact and Negligent Nuisance
In an earlier post, I mentioned that the Michigan Supreme Court issued an order in this premises liability case against a commercial property owner directing the Court of Appeals to adopt the dissenting opinion of Judge Murray and reversing the damages award of $223,000 against the property owner. Â However, I wrote the Court's reversal constituted [...]
Court of Appeals Holds All Three Criteria in MCL 418.161(1)(n) Must Be Met Before a Person Can Be Considered an “Independent Contractor” as “Opposed to an Employee” Under Workers’ Compensation Insurance Policy
In  a published decision released yesterday, Auto Owners Ins Co v. All Star Lawn, et al Auto Owners Ins Co v. All Star Lawn, et al, the Court of Appeals concludes that all three criteria in MCL 418.161(1)(n) of the Workers Disability Compensation Act (WDCA) must be met before a person can be considered an “independent [...]
Workers’ Compensation Claimants Must Establish “Stokes” Evidence Even for Closed Period of Disability
In an unpublished opinion released yesterday (Tatar v. Ryder.OPN), the Court of Appeals affirmed the Michigan Compensation Appellate Commission’s decision to overturn a closed period award of workers' compensation benefits. The Commission ruled Plaintiff's failure to meet his burden of proof under Stokes, that he was unable to find jobs that remained within his qualifications and [...]