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A Better Partnership
March 24, 2014

MSC reconsiders prior denial and grants leave in case regarding the scope of governmental immunity for emotional injury claims

In November 2013, the Michigan Supreme Court denied an application for leave to appeal in Hunter v. Sisco, where the Court of Appeals had held that governmental immunity is not waived for claims of emotional injury.  On March 21, 2014, however, the Michigan Supreme Court granted a motion for reconsideration allowing leave to appeal whether pain and suffering and/or emotional distress qualify as bodily injury under the motor vehicle exception to governmental immunity.  The Court also directed that the argument be heard in the same session as the case of Hannay v. Dep't of Transportation where the Supreme Court will consider whether wage loss claims fall within the scope of that exception. 

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