application of governmental immunity in Michigan

24 Michigan opinions name it 2 courts 1983–2025 5 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 (4)

Case	Followed	Cited
Odom v. Wayne Countygreen mich · 2008 · cited in 2 Michigan opinions naming this issue, 2014–2020 2 sentences 2020MCL 691.1407(3) states that “[s]ubsection (2) does not alter the law of intentional torts as it existed before July 7, 1986.” In Odom, 482 Mich at 470, 479-480 , the Michigan Supreme Court explained that because of this language, the application of governmental immunity with regard to intentional torts differs from its application with regard to negligent torts. 2014Placing this burden on the plaintiff relieves the government of the 1 On appeal, plaintiff asserts that he is not pursuing the mandamus claim. -2- expense of discovery and trial in many cases.” Odom v Wayne Co, 482 Mich 459, 478-479 ; 760 NW2d 217 (2008).	1	2
Hanson v. Mecosta County Road Commissionersgreen mich · 2002 · cited in 1 Michigan opinions naming this issue, 2004–2004 2 sentences 2004Hanson v Mecosta Co Rd Comm’rs, 465 Mich 492, 497, 502 ; 638 NW2d 396 (2002); Baker v Waste Mgt of Michigan, Inc, 208 Mich App 602, 605 ; 528 NW2d 835 (1995). 2004Hanson v Mecosta Co Rd Comm’rs, 465 Mich 492, 497, 502 ; 638 NW2d 396 (2002); Baker v Waste Mgt of Michigan, Inc, 208 Mich App 602, 605 ; 528 NW2d 835 (1995).	1	1
Melendres v. Soalesgreen michctapp · 1981 · cited in 1 Michigan opinions naming this issue, 1986–1986 1 sentence 1986Rosario, supra . [4] In Melendres, supra, p 83, n 6 , the Court noted that the peculiar definition accorded the words "intentional" in Denny, supra, pp 331-332 , may have been originally adopted to ameliorate the harshness of the contributory doctrine, and that in view of the adoption of comparative negligence this reason no longer existed. [5] This Court has also found that actions founded on intentional nuisances in fact continue to survive governmental immunity notwithstanding the Supreme Court's decision in Ross v Consumers Power Co (On Rehearing), 420 Mich 567 ; 363 NW2d 641 (1984).	1	1
Perry v. Kalamazoo State Hospitalgreen mich · 1978 · cited in 1 Michigan opinions naming this issue, 1983–1983 1 sentence 1983See Perry, supra, pp 212-213.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (17)

Case	Cited	Years
Jones v. Bitner green michctapp · 2013 2 sentences 2025Jones v Bitner, 300 Mich App 65, 71-72 ; 832 NW2d 426 (2013). 2025Jones v Bitner, 300 Mich App 65, 71-72 ; 832 NW2d 426 (2013).	4	2019–2025
Hodge v. State Farm Mutual Automobile Insurance Company green mich · 2016 2 sentences 2022“A court must continually question its jurisdiction at every stage of the proceeding.” Hodge v State Farm Mut Auto Ins Co, 499 Mich 211 , 234 n 11; 884 NW2d 238 (2016) (MARKMAN, J., concurring) (quotation marks and citation omitted). 2022“A court must continually question its jurisdiction at every stage of the proceeding.” Hodge v State Farm Mut Auto Ins Co, 499 Mich 211 , 234 n 11; 884 NW2d 238 (2016) (MARKMAN, J., concurring) (quotation marks and citation omitted).	2	2022–2022
Petersen Financial LLC v. City of Kentwood green michctapp · 2018 2 sentences 2021Petersen Fin LLC v City of Kentwood, 326 Mich App 433, 441 ; 928 NW2d 245 (2018). 2021Petersen Fin LLC v City of Kentwood, 326 Mich App 433, 441 ; 928 NW2d 245 (2018).	2	2019–2021
Pierce v. City of Lansing green michctapp · 2005 2 sentences 2020Pierce v Lansing, 265 Mich App 174, 176 ; 694 NW2d 65 (2005). 2018Pierce v City of Lansing, 265 Mich App 174, 176 ; 694 NW2d 65 (2005).	2	2018–2020
Pierce v. City of Lansing green michctapp · 2005 2 sentences 2020Pierce v Lansing, 265 Mich App 174, 176 ; 694 NW2d 65 (2005). 2018Pierce v City of Lansing, 265 Mich App 174, 176 ; 694 NW2d 65 (2005).	2	2018–2020
Seldon v. Suburban Mobility Authority for Regional Transportation green michctapp · 2012 2 sentences 2017Seldon v Suburban Mobility Auth for Regional Transp, 297 Mich App 427, 433 ; 824 NW2d 318 (2012). 2017Seldon v Suburban Mobility Auth for Regional Transp, 297 Mich App 427, 433 ; 824 NW2d 318 (2012).	2	2017–2017
Willett v. Waterford Charter Township green michctapp · 2006 2 sentences 2017To circumvent the application of governmental immunity in cases involving a sewage disposal system event, a claimant must show that all of the following existed at the time of the event: (a) The governmental agency was an appropriate governmental agency. (b) The sewage disposal system had a defect. (c) The governmental agency knew, or in the exercise of reasonable diligence should have known, about the defect. (d) The governmental agency, having the legal authority to do so, failed to take reasonable steps in a reasonable amount of time to repair, correct, or remedy the defect. (e) The defect 2017To circumvent the application of governmental immunity in cases involving a sewage disposal system event, a claimant must show that all of the following existed at the time of the event: (a) The governmental agency was an appropriate governmental agency. (b) The sewage disposal system had a defect. (c) The governmental agency knew, or in the exercise of reasonable diligence should have known, about the defect. (d) The governmental agency, having the legal authority to do so, failed to take reasonable steps in a reasonable amount of time to repair, correct, or remedy the defect. (e) The defect	2	2017–2017
Wesche v. Mecosta County Road Commission green mich · 2008 2 sentences 2014On reconsideration, the application for leave to appeal the April 2, 2013 judgment of the Court of Appeals is considered, and it is GRANTED, limited to whether damages for pain and suffering and/or emotional distress may qualify as a “bodily injury” that permits a plaintiff to avoid the application of governmental immunity from tort liability under the motor vehicle exception to governmental immunity, MCL 691.1405 (see Wesche v Mecosta Co Rd Comm, 480 Mich 75 (2008)). 2013McCormack HEATHER LYNN HANNAY, David F. Viviano, Plaintiff-Appellee, Justices v SC: 146763 COA: 307616 Court of Claims: 09-000116-MZ DEPARTMENT OF TRANSPORTATION, Defendant-Appellant. ____________________________________/ On order of the Court, the application for leave to appeal the January 17, 2013 judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issues: (1) whether economic loss in the form of wage loss may qualify as a “bodily injury” that permits a plaintiff to avoid the application of governmental immunity from tort liability under the motor vehicle excep	2	2013–2014
COUNTY ROAD ASS'N OF MICHIGAN v. Governor green michctapp · 2010 2 sentences 2019Jones v Bitner, 300 Mich App 65, 72 ; 832 NW2d 426 (2013); Co Rd Ass’n of Mich v Governor, 287 Mich App 95, 117-118 ; 782 NW2d 784 (2010). 2019Jones v Bitner, 300 Mich App 65, 72 ; 832 NW2d 426 (2013); Co Rd Ass’n of Mich v Governor, 287 Mich App 95, 117-118 ; 782 NW2d 784 (2010).	1	2019–2019
Dextrom v. Wexford County green michctapp · 2010 1 sentence 2013Dextrom, 287 Mich App at 432 .	1	2013–2013
Carr v. City of Lansing green michctapp · 2004 2 sentences 2013Carr v City of Lansing, 259 Mich App 376, 379 ; 674 NW2d 168 (2003). 2013Carr v City of Lansing, 259 Mich App 376, 379 ; 674 NW2d 168 (2003).	1	2013–2013
Heinz v. Chicago Road Investment Co. green michctapp · 1996 2 sentences 2010Id.; Heinz v Chicago Rd Investment Co, 216 Mich App 289, 295 ; 549 NW2d 47 (1996). 2010Id.; Heinz v Chicago Rd Investment Co, 216 Mich App 289, 295 ; 549 NW2d 47 (1996).	1	2010–2010
Baker v. Waste Management of Michigan, Inc green michctapp · 1995 2 sentences 2004Hanson v Mecosta Co Rd Comm’rs, 465 Mich 492, 497, 502 ; 638 NW2d 396 (2002); Baker v Waste Mgt of Michigan, Inc, 208 Mich App 602, 605 ; 528 NW2d 835 (1995). 2004Hanson v Mecosta Co Rd Comm’rs, 465 Mich 492, 497, 502 ; 638 NW2d 396 (2002); Baker v Waste Mgt of Michigan, Inc, 208 Mich App 602, 605 ; 528 NW2d 835 (1995).	1	2004–2004
Beckwith v. Town of Stratford green conn · 1942 2 sentences 1986We believe that Veeneman more accurately interprets Rosario and Gerzeski and that Justice MOODY'S opinions in those two cases remain the best statement from the Supreme Court on the issue. [2] Indeed, it is likely that virtually any intentional nuisance which escapes the application of governmental immunity also escapes the RUS defense. [1] Prosser & Keeton, Law of Torts (5th ed), § 86, pp 616-617. [2] The definition and distinction between intentional and negligent nuisances stated in Beckwith , 129 Conn 506; 29 A2d 775 (1942), was adopted in Denny v Garavaglia, 333 Mich 317, 331-332 ; 52 NW2 1986We believe that Veeneman more accurately interprets Rosario and Gerzeski and that Justice MOODY'S opinions in those two cases remain the best statement from the Supreme Court on the issue. [2] Indeed, it is likely that virtually any intentional nuisance which escapes the application of governmental immunity also escapes the RUS defense. [1] Prosser & Keeton, Law of Torts (5th ed), § 86, pp 616-617. [2] The definition and distinction between intentional and negligent nuisances stated in Beckwith , 129 Conn 506; 29 A2d 775 (1942), was adopted in Denny v Garavaglia, 333 Mich 317, 331-332 ; 52 NW2	1	1986–1986
Ross v. Consumers Power Co. red mich · 1985 2 sentences 1986Rosario, supra . [4] In Melendres, supra, p 83, n 6 , the Court noted that the peculiar definition accorded the words "intentional" in Denny, supra, pp 331-332 , may have been originally adopted to ameliorate the harshness of the contributory doctrine, and that in view of the adoption of comparative negligence this reason no longer existed. [5] This Court has also found that actions founded on intentional nuisances in fact continue to survive governmental immunity notwithstanding the Supreme Court's decision in Ross v Consumers Power Co (On Rehearing), 420 Mich 567 ; 363 NW2d 641 (1984). 1986Rosario, supra . [4] In Melendres, supra, p 83, n 6 , the Court noted that the peculiar definition accorded the words "intentional" in Denny, supra, pp 331-332 , may have been originally adopted to ameliorate the harshness of the contributory doctrine, and that in view of the adoption of comparative negligence this reason no longer existed. [5] This Court has also found that actions founded on intentional nuisances in fact continue to survive governmental immunity notwithstanding the Supreme Court's decision in Ross v Consumers Power Co (On Rehearing), 420 Mich 567 ; 363 NW2d 641 (1984).	1	1986–1986
Denny v. Garavaglia green mich · 1952 2 sentences 1986We believe that Veeneman more accurately interprets Rosario and Gerzeski and that Justice MOODY'S opinions in those two cases remain the best statement from the Supreme Court on the issue. [2] Indeed, it is likely that virtually any intentional nuisance which escapes the application of governmental immunity also escapes the RUS defense. [1] Prosser & Keeton, Law of Torts (5th ed), § 86, pp 616-617. [2] The definition and distinction between intentional and negligent nuisances stated in Beckwith , 129 Conn 506; 29 A2d 775 (1942), was adopted in Denny v Garavaglia, 333 Mich 317, 331-332 ; 52 NW2 1986We believe that Veeneman more accurately interprets Rosario and Gerzeski and that Justice MOODY'S opinions in those two cases remain the best statement from the Supreme Court on the issue. [2] Indeed, it is likely that virtually any intentional nuisance which escapes the application of governmental immunity also escapes the RUS defense. [1] Prosser & Keeton, Law of Torts (5th ed), § 86, pp 616-617. [2] The definition and distinction between intentional and negligent nuisances stated in Beckwith , 129 Conn 506; 29 A2d 775 (1942), was adopted in Denny v Garavaglia, 333 Mich 317, 331-332 ; 52 NW2	1	1986–1986
Rosario v. City of Lansing green mich · 1978 2 sentences 1986We believe that Veeneman more accurately interprets Rosario and Gerzeski and that Justice MOODY'S opinions in those two cases remain the best statement from the Supreme Court on the issue. [2] Indeed, it is likely that virtually any intentional nuisance which escapes the application of governmental immunity also escapes the RUS defense. [1] Prosser & Keeton, Law of Torts (5th ed), § 86, pp 616-617. [2] The definition and distinction between intentional and negligent nuisances stated in Beckwith , 129 Conn 506; 29 A2d 775 (1942), was adopted in Denny v Garavaglia, 333 Mich 317, 331-332 ; 52 NW2 1986We believe that Veeneman more accurately interprets Rosario and Gerzeski and that Justice MOODY'S opinions in those two cases remain the best statement from the Supreme Court on the issue. [2] Indeed, it is likely that virtually any intentional nuisance which escapes the application of governmental immunity also escapes the RUS defense. [1] Prosser & Keeton, Law of Torts (5th ed), § 86, pp 616-617. [2] The definition and distinction between intentional and negligent nuisances stated in Beckwith , 129 Conn 506; 29 A2d 775 (1942), was adopted in Denny v Garavaglia, 333 Mich 317, 331-332 ; 52 NW2	1	1986–1986

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 691.1401 (16) MI § Mich. Comp. Laws § 691.1407 (15) MI § Mich. Comp. Laws § 691.1402 (6) MI § Mich. Comp. Laws § 691.1405 (6) MI § Mich. Comp. Laws § 691.1417 (5) MI § Mich. Comp. Laws § 691.1402a (4) MI § Mich. Comp. Laws § 691.1413 (4) MI § Mich. Comp. Laws § 691.1416 (4) MI § Mich. Comp. Laws § 691.1419 (4)

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.

Where else courts name it

MI 24 (1983–2025) NC 11 (1968–2025) WY 2 (2021–2024) WI 2 (1996–2015) TX 2 (2009–2009) CT 2 (1994–2003) NY 2 (2009–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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