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One Court of Justice Blog

Aug 2017
23
August 23, 2017

COA: Unjust Enrichment claim is not barred by governmental tort immunity

The case of Genesee Cnty. Drain Comm'r v. Genesee County, No. 331023 has reached the Court of Appeals for the second time.  Our description of the facts of the case and the Court's initial holding regarding governmental immunity can be found here.  This time, the case returns to the Court on another discreet question regarding the scope of governmental immunity:  is a claim for unjust enrichment a claim alleging tort liability that is barred by the GTLA?  The Court concluded that it was not a tort claim, and thus not barred.  Specifically, the Court reasoned that a claim for unjust enrichment was based on an equitable doctrine to impose contract liability, and not tort liability.  

May 2017
25
May 25, 2017

COA: If a fire truck has to try to drive safely—then so does a snowplow. There is no immunity from negligence claims while working on roadways

In Flanagin v. Kalkaska Co Road Comm'n, No. 330887, the Court of Appeals held that statutory provisions that allowed state vehicles to cross the centerline while engaged in work on a roadway would not provide immunity against allegations of negligence. While a snowplow may not be committing a moving violation when plowing by being over the centerline, they can still be negligent. The facts at issue indicated it was possible that the snowplow was between four and six feet over the centerline, and thus there was a genuine issue of material fact as to alleged negligent conduct justifying the trial court's denial of summary disposition.

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