statutorily created exception (Michigan) · Go Syfert
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statutorily created exception in Michigan

6 Michigan opinions name it 1 courts 2017–2020 0 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 (1)

CaseFollowedCited
Odom v. Wayne Countygreen
mich · 2008 · cited in 6 Michigan opinions naming this issue, 2017–2020
2 sentences

2020While a governmental employee may be held liable for gross negligence under certain circumstances, a governmental entity maintains its immunity “when engaged in the exercise or discharge of a governmental function unless the plaintiff establishes the existence of a statutorily created exception to that immunity.” Odom, 482 Mich at 478 (citation and quotations omitted).

2019While a governmental employee may be held liable for gross negligence under certain circumstances, a governmental entity maintains its immunity “when engaged in the exercise or discharge of a governmental function unless the plaintiff establishes the existence of a statutorily created exception to that immunity.” Odom v Wayne Co, 482 Mich 459, 478 ; 760 NW2d 217 (2008) (citation and quotations omitted).

16

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 (1)

CaseCitedYears
Renny v. Department of Transportation green
mich · 2007
2 sentences

2020The public-building exception, MCL 691.1406, provides an exception for “bodily injury and property damage resulting from a dangerous or defective condition of a public building if the governmental agency had actual or constructive knowledge of the defect and, for a reasonable time after acquiring knowledge, failed to remedy the condition or to take action reasonably necessary to protect the public against the condition.” In Renny v Dep’t of Transp, 478 Mich 490, 495-496 ; 734 NW2d 518 (2007), our Supreme Court stated the five elements a plaintiff must prove to avoid governmental immunity under

2020The public-building exception, MCL 691.1406, provides an exception for “bodily injury and property damage resulting from a dangerous or defective condition of a public building if the governmental agency had actual or constructive knowledge of the defect and, for a reasonable time after acquiring knowledge, failed to remedy the condition or to take action reasonably necessary to protect the public against the condition.” In Renny v Dep’t of Transp, 478 Mich 490, 495-496 ; 734 NW2d 518 (2007), our Supreme Court stated the five elements a plaintiff must prove to avoid governmental immunity under

12020–2020

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 691.1401 (6) MI § Mich. Comp. Laws § 691.1406 (6) MI § Mich. Comp. Laws § 691.1407 (6) MI § Mich. Comp. Laws § 691.1402 (5) MI § Mich. Comp. Laws § 691.1405 (5) MI § Mich. Comp. Laws § 691.1413 (5) MI § Mich. Comp. Laws § 691.1417 (5)

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

VA 7 (1989–2016) OH 7 (1998–2026) WI 6 (1992–2016) MI 6 (2017–2020) UT 5 (1998–2018) CA 4 (1983–2004) TX 4 (2000–2015) CT 4 (2012–2022) MO 4 (1994–2008) NY 4 (1979–2009) IL 3 (1989–1997) PA 3 (1979–2011) LA 3 (2003–2009) NJ 2 (1982–1984)

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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