Legal Opinion

Kik v. Sbraccia

Michigan Court of Appeals

Decided January 23, 2006No. Docket 256419PublishedCited by 8 opinions

1Opinion of the CourtSawyer, J.

We are asked in this case to consider whether damages for loss of society and companionship (and similar claims) are available in actions limited by the motor vehicle and gross negligence exceptions to governmental immunity, 1 generally and also specifically in the context of wrongful death actions. Despite a recent decision of this Court holding that such damages are not recoverable under the motor vehicle exception, we conclude that, because that decision is not applicable to wrongful death cases, such damages are recoverable when arising from a wrongful death claim. Further, we conclude…

2Cases cited16 opinions

  1. Wade v. Department of CorrectionsMichigan Supreme Court · 1992
  2. Montgomery v. StephanMichigan Supreme Court · 1960
  3. Reardon v. Department of Mental HealthMichigan Supreme Court · 1988
  4. Cruz v. State Farm Mutual Automobile InsuranceMichigan Supreme Court · 2002
  5. Scheurman v. Department of TransportationMichigan Supreme Court · 1990

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3Cited by8 opinions

  1. Wesche v. Mecosta County Road CommissionMichigan Supreme Court · 2008
  2. Hunter v. SiscoMichigan Court of Appeals · 2013
  3. Kik v. SbracciaMichigan Court of Appeals · 2007
  4. Daniel John Wesche v. Mecosta County Road CommMichigan Supreme Court · 2008
  5. Kik v. SbracciaMichigan Court of Appeals · 2007

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