Tag Archives: highway exception

Court Holds “Bodily Injury” Damages Include “Pain and Suffering” and “Non-economic Damages” In “Motor Vehicle” Accident Claims Against Government

I previously wrote a short post about this case, but since I authored an amicus curiae brief for Michigan Townships Association, and the counties of Oakland, Wayne and Macomb, I have engaged in a bit more analysis. The Supreme Court released its … Continue reading

Posted in Administrative Law, Appeals, Appeals and Legal Research, Appellate Lawyer, Comparative Law, Governmental Immunity, Highway Defect Claims, Insurance and Indemnity, Insurance Coverage, Insurance Law, Insurance Lawyer, May It Please the Court, Michigan No-Fault Insurance, Michigan Supreme Court Opinions, Michigan Supreme Court Orders, Public Corporations, Recent Judicial Dispositions | Tagged , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Missing Pane of Glass from Public Bus Shelter Not a Defective or Dangerous Condition Sufficient to State Cause of Action Against Public Bus Authority Under “Public Building” Exception to Governmental Immunity

The Summary Disposition Standard Debate This case highlights a current conflict among the Court of Appeals.  There is a current “debate” among Court of Appeals panels in recent opinions about the sufficiency of pleading a cause of action against the … Continue reading

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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

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Supreme Court Remands for Court of Appeals to Reconsider “Parallel Parking” Highway Defect Case

Attached is an order issued today, April 1, 2014, in the case of Yono v. Dep’t of Transportation.146603, by the Supreme Court. This is the case in which the Plaintiff alleged a highway defect under the exception to governmental immunity found … Continue reading

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Supreme Court to Consider Both “Noneconomic” and “Economic Benefits” Damages Cases Against Governmental Entities

As I had predicted in earlier posts (see below), and suggested in my amicus curiae brief to the Supreme Court in Hannay v. MDOT, Supreme Court Docket No. 146763, yesterday, the Michigan Supreme Court issued an order granting reconsideration of … Continue reading

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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

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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 Vega 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

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