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Date: 02-03-2025
Case Style:
Case Number: 2023-036489
Judge: Not Available
Court: Circuit Court, Grand Traverse County, Michigan
Plaintiff's Attorney:
Defendant's Attorney: Office of the Attorney General of Michigan
Description: Traverse City, Michigan personal injury lawyer represented the Plaintiff governmental tort claim negligence theories.
This case arises out of a series of events that occurred in the years preceding Mardelle's death in May 2022. Plaintiffs filed a lengthy verified complaint in January 2023, followed by an amended verified complaint in February 2023, in which they named as defendants Brenda Miller (Mardelle's former court-appointed guardian), Fiduciary Services North, Inc. (Miller's guardianship company), Linda Kehr (Mardelle's former court-appointed attorney), Stier (Mardelle's former APS caseworker), APS, Centra Wellness Network (Mardelle's former community mental health placement service), and Hope Network Behavioral Health Services (the owner of Mardelle's former adult foster care home, Bayhaven Integrated Care). Plaintiffs alleged numerous acts and omissions on the part of defendants that purportedly caused Mardelle's health to decline and led to her eventual death.
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"The GTLA, MCL 691.1401 et seq., affords broad immunity from tort liability to governmental agencies and their employees whenever they are engaged in the exercise or discharge of a governmental function." Beals v Michigan, 497 Mich. 363, 370; 871 N.W.2d 5 (2015). Under the GTLA, governmental employees are immune from liability for negligencebased torts, provided that the following conditions are met: (1) "the individual was acting or reasonably believed that he was acting within the scope of his authority," (2) "the governmental agency was engaged in the exercise or discharge of a governmental function," and (3) "the individual's conduct amounted to gross negligence that was the proximate cause of the injury or damage." Odom, 482 Mich. at 479-480. See also MCL 691.1407(2).
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Legal issue Does governmental immunity protect an Adult Protective Services employee from liability for negligence and intentional infliction of emotional distress in the context of Michigan's governmental tort liability act?
Key Phrases Governmental immunity. Negligence-based tort claims. Adult Protective Services. Intentional infliction of emotional distress. Proximate causation standard.
Outcome: Affirmed in part, vacate in part, and reamanded.
Plaintiff's Experts:
Defendant's Experts:
Comments: