Michigan Court of Appeals Upholds Governmental Immunity in Favor of Muni Bus and its Driver

SMART is a municipal bus service. SMART bus video confirmed that Plaintiff’s vehicle came to an abrupt stop and collided with the left side of a SMART bus after attempting to overtake the bus at a traffic signal.  Contrary to the video footage, Plaintiff testified that the SMART bus came from behind her, ran the red light and side-swiped her vehicle.

Plaintiff filed a negligence action against SMART and its driver for third-party bodily injury claims under the Michigan no-fault statute. SMART and its driver moved for summary disposition asserting that they were entitled to governmental immunity under MCL §691.1401. Plaintiff alleged that the governmental tort liability act, MCL §691.1401, was inapplicable based upon the exception for the negligent operation of a governmentally-owned motor vehicle. The trial court partially denied SMART and its driver’s motion holding that genuine issues of material fact remained as to the bus driver’s negligence.  

In the recent unpublished case of Julia Mickens v. Meemic and April Nickerson and SMART, the Michigan Court of Appeals reversed the trial court’s partial ruling in favor of Plaintiff, holding that Plaintiff failed to show that the bus driver operated the governmentally-owned bus negligently. Governmental immunity under MCL §691.1401 was appropriate. Plaintiff’s self-serving testimony was not sufficient to overcome the facts revealed in the video.  Click on the link to read the court opinion.