Notice of Intent to Sue Government Sent to Third Party Claims Administrator Insufficient to Invoke Exception to Governmental Immunity – Court of Appeals Publishes Decision Holds Notice to Third-Party Claims Administrator Insufficient to Give Government Notice of Claim of Defective Sidewalk

On August 1, 2013, the Court of Appeals released a decision for publication in the case of McLean v. City of Dearborn, clarifying the strict requirements that notice of a claim for defective sidewalks under the highway exception to governmental immunity must be served on the individuals authorized by the governmental immunity statute, not the third-party […]

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 […]