Tag Archives: highway defect exception

Court of Appeals Holds Tree Laying on Roadway Surface Not a “Defect” in the “Highway” Under “Highway Exception” to Governmental Immunity

In Estate of Truett v. Wayne County.opn, the Court of Appeals (Judges Servitto (presiding), Beckering, and Fort Hood) unanimously held that a tree lying in the roadbed is not a “defect” within the meaning of the “highway exception” to governmental … Continue reading

Gallery | Tagged , , , , , , , , , , , , , , , | Leave a comment

Supreme Court Hears Oral Argument on “Parallel Parking Space” Defect Case Against Government

Last week, the Michigan Supreme Court heard oral argument in the case of Yono v. Michigan Department of Transportation, Supreme Court Docket No. 146603. I recently filed a supplemental amicus curiae brief on behalf of Oakland County Road Commission, Wayne … Continue reading

Gallery | Tagged , , , , , , , , , , , | Leave a comment

No “Prejudice Requirement” or Other Judicial Constructs Can Nullify Strict Compliance with Statutory Notice Provisions to Perfect Claims Against the Government

On November 7, 2013, in┬áVega v. Gillette, et al., the Court of Appeals ruled a plaintiff who failed to file a notice of an intent to sue the state under MCL 600.6431(3) was barred from suing the government under the … Continue reading

Gallery | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment