COA Vacates Highway-by-User Claim Dismissal; Affirms Dismissal Of First Amendment Retaliation In Road Dispute
On the highway-by-user claim, the Court of Appeals held that Plaintiff-Appellants did have standing under Donaldson v Alcona Co Bd of Co Rd Comm’rs, 219 Mich App 718, 727 n 3; 558 NW2d 232 (1996) because they own property along the road and bear unique burdens if maintenance ceases.
Appeals Court Rejects Broad Application Of COVID Lawsuit Regulations: Medical Negligence Claims Revived
The trial court wrongly dismissed the plaintiff’s medical malpractice and negligence claims that arose during the early days of the COVID-19 pandemic because the decedent’s injuries were not sustained “by reason of” healthcare services provided “in support of [the] state’s response to the COVID-19 pandemic,” the Michigan Court of Appeals has ruled.
Michigan Court of Appeals Clarifies: Wrongful Death Savings Statute Tolls Notice Requirement in Claims Against the State
The wrongful death savings provisions under MCL 600.5852 extends the filing timeframe and tolls the statutory notice period and therefore the Court of Claims grant of summary disposition was reversed and remanded.