In Denney v Kent Co Rd Com'n, No. 328135, 2016 WL 6780984 (Mich Ct App November 15, 2016) a motorcyclist sustained fatal injuries after hitting two potholes on a road in Kent County. The representative of his estate sued the Kent County Road Commission for damages including loss of financial support. The Road Commission, however, claimed it was immune from paying damages to the motorcyclist's estate for loss of financial support (e.g., lost earnings) under the Governmental Tort Liability Act (GTLA). The Court of Appeals, however, rejected the Road Commission's argument, ruling in favor of the motorcyclist's estate, because "the [motorcyclist] could have maintained an action against [the Road Commission] for lost earnings resulting from his bodily injury" under the "highway exception" to the GTLA had he not lost his life; therefore, this "derivative claim" under the state Wrongful Death Act could recover the loss of financial support as well.