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 [...]
Tag: Michigan Supreme Court
Michigan Supreme Court Denies Leave in Two of Three Cases Pending to Address Legal Causation Under No-Fault Act for Motorcycle Accidents
Last week I filed an amicus curiae (friend of the court) brief in the State Farm v. MMRMA case pending on application to the Michigan Supreme Court. Â As I mentioned in my last post, there were two other cases, both pending on applications to the Court, which asked the Court to deal with the same [...]
Supreme Court Hears Oral Argument on “Parallel Parking Space” Defect Case Against Government
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:Â 146603SuppAmicusCMDR. I had previously [...]
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 [...]
No “Prejudice Requirement” or Other Judicial Constructs Can Nullify Strict Compliance with Statutory Notice Provisions to Perfect Claims Against the Government
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 [...]