Governmental Immunity — Gross Negligence — Intentional Tort
Plaintiff was urinating on a utility box when he was misidentified as the person who threw a rock at a police officer. After he did not respond to the defendant officer’s commands, Defendant shot three...
View ArticleWhen is a road not a road? When it’s a forest road or trailway, MSC says
The Little Manistee Trail, a forest road that travels through Manistee National Forest, is a trailway under the highway exception of the Michigan Governmental Tort Liability Act (MGTLA), the Michigan...
View ArticleFixing a hole: Confusing construction zone creates a liability for MDOT
A road closing must be clearly marked in order to be outside the highway exception of the Michigan Governmental Tort Liability Act (MGTLA), the Michigan Court of Appeals said. The court found that the...
View ArticlePlaintiff wins curb appeal
The “curb cutout” on a handicapped-accessible sidewalk ramp is part of the sidewalk for the purposes of MCL 691.1402a, the Michigan Court of Appeals ruled in Moraccini v. Sterling Heights (Lawyers...
View ArticleMunicipal Law – Plaintiff sent notice letter to entity that didn’t exist
In a subrogation claim, an insurance company attempted to sue Wayne County and the City of Allen Park for flood damage suffered by its insured. The damage occurred on June 22, 2009, and the insurer...
View ArticleCOA: No immunity for extra portion of road under MGTLA
A street lane designed to allow parallel parking is “an improved portion of the highway designed for vehicular travel,” under the highway exception to the Michigan Governmental Tort Liability Act, the...
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