Supreme Court Asked to Consider Whether “Bodily Injury” Under Motor Vehicle Exception to Governmental Immunity Includes Non-Economic Tort Damages

An application for leave to file an appeal has been filed from the Court of Appeals opinion in Hunter v. Sisco, et al., to address the extent of damages available to a plaintiff under the “motor vehicle exception” to governmental immunity found in the governmental tort liability act (GTLA), MCL 691.1405.  That section allows recovery for “bodily injury” to a person injured by the negligent operation of a motor vehicle by a governmental employee.  The plaintiff claimed a right to non-economic damages, pain and suffering, etc. and the trial court allowed the claim to go forward.  On appeal, the Court of Appeals reversed that determination.  The term “bodily injury” under the GTLA is restricted to the costs incurred due to “bodily injury” and nothing more, according to the panel.  Here is the opinion:  Hunter v. Sisco et al

This is related to another issue that will be addressed by the Court.  I wrote about that case in an earlier blog post, here:  Supreme Court to Consider Meaning and Scope of “Bodily Injury” Under Motor Vehicle Exception to Governmental Immunity

For more information about this and other similar cases contact Carson J. Tucker, Chair of the Appeals and Legal Research Group at Lacey & Jones, LLP, a Birmingham law firm serving clients since 1912.  Mr. Tucker can be reached at (248) 283-0763.

For more information about this and other similar cases contact Carson J. Tucker, Chair of the Appeals and Legal Research Group at Lacey & Jones, LLP, a Birmingham law firm serving clients since 1912.  Mr. Tucker can be reached at (248) 283-0763.

Throughout its storied history, Lacey & Jones has distinguished itself from other law firms by maintaining a robust Appeals and Legal Research Group.  Effective appellate representation demands different skills than those required by litigation attorneys.  Our appellate attorneys are adept at analyzing the intricacies of each case from an objective and critical perspective.  From reviewing and preparing the lower court record, identifying appealable errors, and developing a strategy to raise issues that will be addressed by appellate courts, our seasoned appellate team is capable of handling the most complex appeals from the application stage to oral advocacy before the highest courts.  Our research abilities and knowledge of current issues in nearly all major subject-matter areas of the law provide our clients with efficient and immediate assistance with complex and high-exposure cases.   We are experienced at navigating through the Michigan Court of Appeals and Supreme Court to shepherd the appeal in the most expeditious fashion possible so that it can be reviewed and quickly ruled upon.  During the last three decades alone, the Appeals and Legal Research Group at Lacey & Jones has been responsible for over 150 published decisions in the Michigan Court of Appeals and Supreme Court, including seminal decisions in workers’ compensation, governmental immunity, employment and labor law, civil rights law and insurance coverage.  Because of its specialized knowledge and focus on appellate law and its recognized expertise, the Appeals and Legal Research Group at Lacey & Jones has been asked to participate as amicus curiae writing briefs for the Supreme Court or as special counsel to the Michigan Attorney General and other governmental entities in some of the most significant cases in the Court of Appeals and Supreme Court.

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