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Michigan Supreme Court Holds Pain And Suffering Are Recoverable In Third-Party Collisions With Government Vehicles.

Michigan Supreme Court Reverses Court of Appeals and Holds That Pain and Suffering Damages Are Recoverable In Third-Party Collisions with Government Vehicles.

by Bret Schnitzer

In its Dec. 19, 2014 Opinion, the Michigan Supreme Court reversed Hunter v Sisco, 300 Mich App 229; 832 NW2d 753 (2013), holding that a governmental entity can be “legally responsible for damages flowing from a physical or corporeal injury to the body.” Hunt”. Damages may include economic damages and non-economic damages, “such as pain and suffering and mental and emotional distress.” Id. at *19. The Court of Appeals’ opinion was a extreme departure from Michigan case law, and held that the motor vehicle exception to governmental immunity did not allow for the recovery of damages for pain and suffering and mental and emotional distress sustained in a motor vehicle accident. The case only allowed for “physical damages” which was very limited. Fortunately our Michigan Supreme Court reversed what was a new dangerous and damaging decision, which would have had continuing far reaching negative implications for Motorists in our State.

jacob Kuzawinski5This is a vehicle that was involved in an automobile accident with an at fault school bus at an intersection Downriver, Michigan.

This is what can happen when a school bus disregards a traffic signal and collides with a passenger vehicle. Be safe out there and Call us at Schnitzerlaw (313) 389-2234 for a free consultation.

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