Supreme Court Denies Challenge to Court of Appeals Holding that Term “Bodily Injury” in Motor Vehicle Exception to Governmental Immunity is Limited to Medical Damages for Corporeal Injury to Body and Does Not Encompass Non-Economic Tort Damages

In an order issued yesterday, Hunter v. Sisco.sct.order.11.20.2013, the Michigan Supreme Court denied an appeal challenging the Court of Appeals published opinion, which held the term “bodily injury” in the statutory provision known as the motor vehicle exception to governmental immunity in the Governmental Tort Liability Act (GTLA), MCL 691.1405, does not encompass non-economic tort damages, such […]

Supreme Court to Consider Meaning of “Bodily Injury” Under Motor Vehicle Exception

I am writing an amicus curiae (friend of the court) brief on behalf of Wayne County and Michigan Townships Association, among others, in this public liability case in which the Supreme Court has granted the State of Michigan’s application for leave to appeal to address whether “bodily injury” liability available against the government under the […]

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. […]

Supreme Court Denies Application to Consider Whether Noneconomic Damages are Available Under No-Fault Act Against Governmental Entities

In Hodges.v.City of Dearborn et al, the Court of Appeals reversed a trial court’s decision to allow a suit to proceed against a governmental entity in a wrongful death, liability suit involving a collision between a police vehicle responding to a reported fire and the plaintiff’s decedent’s vehicle.  The Court of Appeals held the plaintiff’s estate […]

Michigan Supreme Court Issues Opinion Articulating Its Constitutional Limitations and Authority in Changing the Common Law

In Price v. High Pointe Oil Co, Inc., the Michigan Supreme Court provides a clear pronouncement on the constitutional limitations and legitimate authority the judiciary has to change the common law.  In doing so, the Court refused to extend as a common-law rule the view that a plaintiff may recover non-economic damages (i.e., mental and emotional […]

Michigan Supreme Court Holds Non-Economic (Mental Anguish) Damages Are Not Recoverable for Destruction of Property

This case, released on March 22, 2013, holds that the common-law rule is that non-economic damages may not be recovered for destruction of property.  The case sets important parameters with respect to the current court’s view of when and how the common-law should be adhered to, and how it should go about being changed.  This […]