Supreme Court Grants Oral Argument to Consider Whether Parallel Parking “Areas” Fall within Definition of “Highway” Under the Exception to Governmental Immunity

The Supreme Court granted oral argument on the state’s application in this case. I submitted an amicus curiae brief in support of that application on behalf of the Road Commission for Oakland County, Wayne County and Macomb County.

The order requests additional briefing from the parties on whether the parallel parking “area” in which Plaintiff fell is within the improved portion of the highway designed for vehicular travel under MCL 691.402(1).  Read the order here:  Yono v. MDOT OOA Order

The outcome of this case may also affect what happens in a recent decision by the Court of Appeals applying the Court of Appeals ruling in Yono to facts involving the conjunction of a sidewalk and curb in the City of Ferndale.  That opinion is here:  Percy v. Ferndale.opn

For more information about these cases contact Carson J. Tucker, Chair of the Appeals and Legal Research Group at Lacey & Jones, LLP at (248) 283-0763.

Lacey & Jones, LLP Appeals and Legal Research Group


About cjtucker06

Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs. Board of Directors, Michigan Defense Trial Counsel Amicus Committee Co-Chair, Michigan Defense Trial Counsel Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia. United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003 Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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