Governmental Immunity and Proximate Cause: An Exception and a Rule

In Menard, et al. v Macomb County Dep’t of Roads and County of Macomb, unpublished opinion per curiam of the Michigan Court of Appeals, issued September 6, 2018, the COA tackled the issue of governmental immunity and causation in third-party no-fault cases. There, the Plaintiff brought an action against the governmental entity Defendants, alleging their negligence fell within an exception to the Government Tort Liability Act (GTLA), MCL 691.1401, et seq. The Court, in finding that summary disposition was proper in favor of the Defendants, held the Plaintiff failed to establish the Defendants’ perceived negligence was the proximate cause of his injuries.

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