Michigan High Court to Address Scope of “Gross Negligence” Exception to Governmental Immunity

In an order issued on December 23, 2014, the Michigan Supreme Court has granted oral argument to consider the state’s application in this wrongful death case.  (Estate of Beals.Order). The plaintiff is the estate of an individual who was a student at a state technical college that provided vocational and technical training to individuals with […]

“Gross Negligence” Exception to Governmental Immunity Under Attack in Cases Against First Responders / Law Enforcement Officers

The Court of Appeals has released two cases that appear to undermine the meaning of the “statutory” “gross negligence” exception, MCL 691.1407(2) under Michigan’s Governmental Tort Liability Act (GTLA). The GTLA, MCL 691.1401 et seq., provides immunity for law enforcement officers and other individual governmental employees engaged in the discharge of a governmental function and while […]

Bus Passenger’s Cause of Action Dismissed Against Transportation Commission – Court of Appeals Affirms Trial Court’s Judgment for Transportation Commission

In Palmer v. Blue Water Area Transportation Commission, the Court of Appeals affirmed a trial court’s judgment of no cause of action against a governmental entity (here a transportation commission) in a suit by a bus passenger alleging negligence and gross negligence against the governmental entity and its employee, respectively. Plaintiff fell while boarding the bus. […]

Michigan Supreme Court Issues 3-2 Decision on Meaning of “Absolute Immunity” for Executive Level Government Officials Under MCL 691.1407(5)

On June 20, 2013, the Michigan Supreme Court issued a 3-2 Opinion (Justices McCormack and Viviano not participating) holding that “absolute immunity” for executive level government officials applied as well to the performance by these officials of the duties and powers that subordinate governmental employees have in the same governmental department.  This is a remarkable […]