Michigan Supreme Court Poised to Decide Whether Strict or Substantial Compliance is Sufficient Under Highway Exception to Governmental Immunity

Oral arguments on applications to the Michigan Supreme Court have been scheduled to determine whether the notice provisions of the Governmental Tort Liability Act’s (GTLA) “highway exception” to immunity are to be “strictly” or only “substantially” complied with.

The order springs from two Court of Appeals cases, Wigfall v Detroit, and West v Detroit. Both cases involve, among other questions, the sufficiency of notice provided to the City under the “highway exception”, MCL 691.1404(2).

The Supreme Court has scheduled oral argument on several questions, including:

(1) whether strict or substantial compliance is required with the notice provision contained within MCL 691.1404(2), compare Rowland v Washtenaw County Road Commission, 477 Mich 197 (2007), with Plunkett v Dep’t of Transportation, 286 Mich App 168 (2009);

(2) whether the plaintiff’s notice failed to comply with MCL 691.1404(2) under either a strict or substantial compliance standard;

(3) whether an individual described in MCR 2.105(G)(2) can delegate the legal authority to accept lawful process under MCL 691.1404(2), see 1 Mich Civ Jur Agency § 1 (2018); and

(4) whether the defendant should be estopped from asserting that the statutory notice requirement was not met.

Here is the Court’s complete orders from both cases: Wigfall v Detroit MOAA Order and West v Detroit MOAA Order

The outcome of this case will be significant in consideration of governmental liability under the GTLA.

Law Offices of Carson J. Tucker has developed a particular expertise in prosecuting and defending appeals in state and federal courts, including the United States Supreme Court. The firm’s principal Carson J. Tucker is also a frequent author of amicus curiae (friend of the court) briefs in the United States Supreme Court and state and federal courts on behalf of various governmental and non-governmental entities, not-for-profit corporations, and individuals.

A significant portion of his practice is also focused on appellate matters in which his efforts are directed at changing the law for a wide swath of interested parties and stakeholders. In addition to being licensed to practice in Michigan, Mr. Tucker is admitted to practice in the Eastern and Western District Federal Courts in Michigan, the United States Court of Appeals for the Sixth Circuit, and the United States Supreme Court.

Mr. Tucker has also presented for the International Municipal Lawyers Association (IMLA) on the latest legal issues in municipal liability law under the U.S. Constitution,  and related state and federal legislation, covering his familiarity and expertise on the many diverse questions that arise in this ever-changing and dynamic area of the law.

Mr. Tucker presented direct representation to the defendants and prosecuted the entire appeal, including all appellate briefings and oral arguments before the Court of Appeals and Supreme Court in the following cases, among others:

  • Estate of Truett v. Wayne County, Unpublished Opinion of the Michigan Court of Appeals, dated May 6, 2014 (Docket No. 313638)briefed and argued by Carson J. Tucker for Wayne County
  • Atkins v. SMART, 492 Mich. 707 (August 20, 2012), application granted, and briefed and argued by Carson J. Tucker in the Supreme Court
  • Gentry v. Wayne County Deputy Sheriff Daniel Carmona, unpublished opinion of hte Michigan Court of Appeals, dated October 11, 2011 (Docket No. 296580), briefed and argued by Carson J. Tucker in the Court of Appeals
  • Hamed v. Wayne County, 490 Mich. 1 (July 29, 2011), briefed and argued by Carson J. Tucker in the Court of Appeals and Supreme Court
  • Odom v. Wayne County, 482 Mich. 459 (December 30, 2008), application for leave to appeal granted, and briefed and argued by Carson J. Tucker in the Supreme Court

Mr. Tucker has also served as special appellate counsel for governmental entities and organizations in writing amicus curiae briefs in the Supreme Court and Court of Appeals in the following cases, among others:

  • Hannay v MDOT, ___ Mich. ___ (December 19, 2014), application granted, amicus curiae filed for Michigan Townships Association, Macomb County, Oakland County and Wayne County, et al., by Carson J. Tucker
  • Yono v. MDOT, ___ Mich ___ (2014), oral argument on application granted, amicus curiae for Oakland, Macomb and Wayne County filed by Carson J. Tucker in support of the state’s application
  • Ashley, LLC v Pittsfield Twp., 494 Mich 875 (2013), application granted, for Pittsfield Township by Carson J. Tucker
  • Hagerty v. Manistee County Road Commission, 493 Mich 933 (2013), amicus curiae for Michigan Municipal League, et al., by Carson J. Tucker

Mr. Tucker can be reached at +17348879261.

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.
Gallery | This entry was posted in Appeals, Appeals and Legal Research, Appellate Lawyer, Governmental Immunity, Highway Defect Claims, Insurance and Indemnity, May It Please the Court, Michigan Supreme Court Orders and tagged , , , , , , , , , , , , , . Bookmark the permalink.

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