I previously wrote a short post about this case, but since I authored an amicus curiae brief for Michigan Townships Association, and the counties of Oakland, Wayne and Macomb, I have engaged in a bit more analysis. The Supreme Court released its long awaited opinion in Hannay v. MDOT and Hunter v. Sisco, on December 19. The underlying facts [...]
Tag: noneconomic damages
Court Holds “Bodily Injury” Damages Include “Pain and Suffering” and “Non-economic Damages” In “Motor Vehicle” Accident Claims Against Government
In a much awaited opinion, the Michigan Supreme Court has held that a claimant may recover "nonecconomic damages" such as "pain and suffering" and "emotional distress" damages and excess "economic damages" in actions against the government under the "motor vehicle" exception to governmental immunity. Two lower appellate court cases came to opposite conclusions about whether [...]
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 [...]
Supreme Court Poised to Address Damages Claims Against Government for Negligent Operation of Motor Vehicles
As I mentioned in a previous post, the Michigan Supreme Court issued a reconsideration and Grant Order, and a Consolidation Order, with respect to the Court of Appeals' decisions in Hunter v. Sisco, et al. and Hannay v. MDOT cases and will consider them together as calendar cases in the fall. This is turning out to be a significant case both for [...]
Supreme Court to Consider Both “Noneconomic” and “Economic Benefits” Damages Cases Against Governmental Entities
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 [...]