Attorney Matthew Cross Obtains Dismissal for Drain Commission in Governmental Immunity Case

CMDA Law Partner Matthew Cross recently obtained dismissal of a negligence claim against a northern Michigan county drain commission in Roscommon County Circuit Court, reinforcing the importance of Michigan governmental immunity defense for municipal entities facing premises, roadway, and public infrastructure-related claims.

The case concerned a woman who reportedly slipped and fell in a sinkhole in a beach-area subdivision. The Plaintiff alleged that the drain commission was negligent and was the proximate cause of her fall and reported injuries. The Plaintiff was seeking a verdict in excess of $25,000.

Cross moved for summary disposition, arguing that the drain commission was entitled to immunity under Michigan’s Governmental Tort Liability Act. Among other points, he argued that the drain commission was not responsible for the condition of the roadway at issue.

Attorney Cross later appeared in Roscommon County Circuit Court and successfully argued the motion. The Court granted summary disposition in favor of the drain commission, and the case was dismissed.

This result highlights another example of the immunity afforded to municipal entities under Michigan law and the importance of experienced counsel in defending public entities against attempts to establish exceptions to governmental immunity.

Matthew Cross is a partner in our Traverse City office where he focuses his practice in the areas of insurance defense litigation, law enforcement defense and litigation, and municipal law. Learn more about Matthew Cross here.