Michigan Supreme Court, 2008

Published opinions from 2008. The case name opens the case page.

2008 opinions

MichiganOdom v. Wayne County

December 30, 2008482 Mich. 459

The Michigan Supreme Court held that governmental employees’ immunity from intentional-tort liability is governed by the pre-1986 common-law test preserved by MCL 691.1407(3), not the negligence-immunity standards in subsection 2.

MichiganSmith v. Khouri

July 2, 2008481 Mich. 519

The Michigan Supreme Court vacated a $65,556 case-evaluation-sanction attorney-fee award in a dental-malpractice case and announced a mandatory methodology for 'reasonable' fees under MCR 2.403(O): begin with the fee customarily charged in the locality for similar legal services, established by reliable surveys or…

MichiganWalters v. Nadell

June 25, 2008481 Mich. 377

The Court held that the Servicemembers Civil Relief Act’s limitations-tolling provision is mandatory, but that a plaintiff may waive its benefit by failing to raise it in the trial court.

MichiganAllison v. Aew Capital Management, LLP

June 25, 2008481 Mich. 419

The Court held that a residential apartment parking lot shared by tenants is a common area, and that a lessor’s duty to keep common areas fit for their intended use can, in some circumstances, encompass natural snow and ice accumulation.