In a 4-3 decision, the Michigan Supreme Court recently clarified important principles of governmental immunity law in personal injury cases. The Governmental Tort Liability Act (GTLA) permits liability for an individual governmental employee whose gross negligence is “the proximate cause” of injuries suffered by an injured person. MCL 691.1401, et seq. Michigan appellate case law over the years had created substantial confusion about what the phrase “the proximate cause” meant in governmental liability cases. In a July 31, 2017, decision the Michigan Supreme Court clarified that the analysis of “the proximate cause” must focus on “foreseeability,” and must not be evaluated by weighing the role of various “factual” causes of an injury or death. The Supreme Court clarified that only a human actor’s breach of a legal duty can be a legal cause or “the proximate cause” (e.g. a person’s gross negligence in starting a fire can be considered as a proximate cause, but the fire itself as an inanimate object or entity cannot be considered the proximate cause of an injury or death). The Supreme Court overruled prior appellate precedent to the contrary.

The decision is Ray v Swager, Supreme Court 152723 filed July 31, 2017.

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Jay Zelenock

Jay Zelenock Law Firm, PLC

Mr. Zelenock grew up in Ann Arbor, Michigan, and earned a B.A. in history from the University of Michigan. He graduated from the Indiana University Maurer School of Law in 1998, and has practiced law in Traverse City since 1998.

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