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: personal insurance protection benefits
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 [...]
Employee Driving Company Truck to Job Site Not “In the Course and Scope of Employment” Under Workers Disability Compensation Act
The Court of Appeals (in a 2-1 majority opinion) issued a significant case yesterday, albeit unpublished, holding that an employee driving a company vehicle to a job site location in another part of the state was not "in the course and scope of his employment" when injured in a traffic accident while en route to [...]
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 [...]
“No-Fault” Wage-Loss Benefits Required to Be Paid to Unemployed Claimant Suffering Disabling Injury at the Time of Auto Accident
In Jones v. Home Owners Ins. Co.COA, a 2-1 unpublished opinion, the Michigan Court of Appeals held that a claimant suffering disabling injury in an auto accident was entitled to no-fault wage-loss benefits under Michigan's No-Fault Act, characterizing her as "temporarily unemployed" under MCL 500.3107a. MCL 500.3107 of the No-Fault Act provides for first-party insurer "work-loss [...]