Notice of Intent to Sue Government Sent to Third Party Claims Administrator Insufficient to Invoke Exception to Governmental Immunity – Court of Appeals Publishes Decision Holds Notice to Third-Party Claims Administrator Insufficient to Give Government Notice of Claim of Defective Sidewalk

On August 1, 2013, the Court of Appeals released a decision for publication in the case of McLean v. City of Dearborn, clarifying the strict requirements that notice of a claim for defective sidewalks under the highway exception to governmental immunity must be served on the individuals authorized by the governmental immunity statute, not the third-party [...]

Michigan Supreme Court Holds Employee Injured In Parking Lot Not Owned or Leased by Employer Did Not Suffer Injury “arising out of” or “in the course of” Employment Sufficient to Prove Right to Workers Compensation Benefits

On June 21, 2013, the Michigan Supreme Court issued a peremptory (in lieu of) order under MCR 7.315(H)(1) reversing the decisions of the lower tribunals (the Michigan Court of Appeals) and remanded this case to the Michigan Compensation Appellate Commission for entry of judgment in favor of the employer and its insurer and against the [...]

2-1 Court of Appeals Opinion Rules Landlord Not Liable to Tenant for Failure to Maintain Common Pathway to Access Trash Disposal

This is an interesting case if only for the colloquy between the majority opinion and Judge Shapiro's dissent. The facts are unremarkable. Plaintiff was a residential tenant living in an apartment owned by the defendant.  Several other tenants lived in separate apartments in the same structure.  A common area (driveway / pathway) was accessed by [...]

Court of Appeals Rejects Plaintiff’s Premises Liability Claim and Explains Difference Between “Speculation and Conjecture” and “Reasonable Inference” in Proving Negligence

In this otherwise unremarkable "slip and fall" case, the Court of Appeals neatly illustrates the insufficiency of speculation and conjecture about the cause of an alleged injury suffered by the plaintiff in the defendant's store. In Fedrick v. KMart Corp. et al.,  Unpublished Opinion of the Michigan Court of Appeals, released February 14, 2013 (COA Docket No. [...]