plaintiff may avoid governmental immunity (Michigan) · Go Syfert
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plaintiff may avoid governmental immunity in Michigan

5 Michigan opinions name it 2 courts 2014–2023 1 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Michigan.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Heather Lynn Hannay v. Department of Transportation green
mich · 2014
2 sentences

2018Thus, “MCL 691.1405 and MCL 500.3135 may be read harmoniously to provide that a plaintiff may avoid governmental immunity if he suffers ‘bodily injury’ under the motor vehicle exception, but he must also meet the requirements contained within the enumerated exceptions to the no-fault act’s abolition of tort liability, such as the ‘death, serious impairment of body function, or permanent serious disfigurement’ threshold pertaining to recovery of noneconomic damages.” Hannay, 497 Mich at 76 n 92.7 As discussed above, for purposes of the summary disposition motion defendant does not dispute that

2018Thus, “MCL 691.1405 and MCL 500.3135 may be read harmoniously to provide that a plaintiff may avoid governmental immunity if he suffers ‘bodily injury’ under the motor vehicle exception, but he must also meet the requirements contained within the enumerated exceptions to the no-fault act’s abolition of tort liability, such as the ‘death, serious impairment of body function, or permanent serious disfigurement’ threshold pertaining to recovery of noneconomic damages.” Hannay, 497 Mich at 76 n 92.7 As discussed above, for purposes of the summary disposition motion defendant does not dispute that

22018–2018
Hannay v. Department of Transportation green
michctapp · 2013
2 sentences

2014Rather, MCL 691.1405 and MCL 500.3135 may be read harmoniously to provide that a plaintiff may avoid governmental immunity if he suffers “bodily injury” under the motor vehicle exception, but he must also meet the requirements contained within the enumerated exceptions to the no-fault act’s abolition of tort liability, such as the “death, serious impairment of body function, or permanent serious disfigurement” threshold pertaining to recovery of noneconomic damages. 93 Hannay, 299 Mich App at 270 . 94 Hunter, 300 Mich App at 241 .

2014Rather, MCL 691.1405 and MCL 500.3135 may be read harmoniously to provide that a plaintiff may avoid governmental immunity if he suffers “bodily injury” under the motor vehicle exception, but he must also meet the requirements contained within the enumerated exceptions to the no-fault act’s abolition of tort liability, such as the “death, serious impairment of body function, or permanent serious disfigurement” threshold pertaining to recovery of noneconomic damages. 93 Hannay, 299 Mich App at 270 . 94 Hunter, 300 Mich App at 241.

22014–2014
Allen v. Bloomfield Hills School District green
michctapp · 2008
2 sentences

2023“The plain language of MCL 691.1405 and MCL 500.3135 may be read harmoniously to provide that a plaintiff may avoid governmental immunity if he suffers “bodily injury” under the motor vehicle exception of MCL 691.1405, but he must also satisfy the no-fault act threshold for bringing a third-party tort claim, i.e., a plaintiff must establish a serious impairment of a body function as stated in MCL 500.3135.” Allen v Bloomfield Hills Sch Dist, 281 Mich App 49, 55-56 ; 760 NW2d 811 (2008). -12- (5) As used in this section, “serious impairment of body function” means an impairment that satisfies a

2023“The plain language of MCL 691.1405 and MCL 500.3135 may be read harmoniously to provide that a plaintiff may avoid governmental immunity if he suffers “bodily injury” under the motor vehicle exception of MCL 691.1405, but he must also satisfy the no-fault act threshold for bringing a third-party tort claim, i.e., a plaintiff must establish a serious impairment of a body function as stated in MCL 500.3135.” Allen v Bloomfield Hills Sch Dist, 281 Mich App 49, 55-56 ; 760 NW2d 811 (2008). -12- (5) As used in this section, “serious impairment of body function” means an impairment that satisfies a

12023–2023

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 500.3135 (5) MI § Mich. Comp. Laws § 691.1401 (5) MI § Mich. Comp. Laws § 691.1405 (5) MI § Mich. Comp. Laws § 691.1407 (5) MI § Mich. Comp. Laws § 500.3101 (4) MI § Mich. Comp. Laws § 257.1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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