Respondeat Superior and Governmental Immunity
The Michigan Court of Appeals has ruled that if you make a claim of respondeat superior against the government under MCL 691.1405, your claim will be upheld even if MCL 691.1405 is not explicitly referenced in the complaint
MCL 691.1405 states that governmental agencies shall be liable for bodily injury and property damage resulting from the negligent operation by any officer, agent, or employee of the governmental agency, of a motor vehicle of which the governmental agency is owner.
The reported case is Anderson v. City of Detroit. In this case, a plaintiff brought suit over injuries sustained while riding on a city bus. The plaintiff made a claim for damages under the doctrine of respondeat superior. Under the doctrine of respondeat superior, an employer can be held vicariously liable for an unlawful or unjust act of an employee or agent.
Defendants argued that plaintiff failed to sufficiently allege a claim in avoidance of governmental immunity because plaintiff did not specifically reference the motor-vehicle exception to governmental immunity, MCL 691.1405. The court agreed that plaintiff could have more clearly set forth the basis for her claim by specifically referencing MCL 691.1405 in her complaint. However, the court still held that plaintiff’s allegations were sufficient to state a claim under the motor-vehicle exception for respondeat superior liability arising from the bus driver’s negligent operation of the bus.
This new case law provides plaintiffs with more leeway in making a claim of respondeat superior under MCL 691.1405.
If you want to read this case, you can do so by following this link:
About Alexander & Angelas, P.C.
Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees and strives to resolve matters within one year from initial case assignment.
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