Recent Personal Injury Court of Appeals Decisions

Recent Michigan Court of Appeals Decisions Every Personal Injury Lawyer Should Know

1. Auto Liability Insurance: Mandatory Minimums Confirmed

In a significant ruling issued about two months ago, the Court of Appeals clarified liability coverage requirements under Michigan’s no-fault system. Specifically, it confirmed that insurers must provide at least $250,000 per person and $500,000 per accident, unless a properly completed choice-of-coverage form authorizing reduced limits is in place foleymansfield.com+2ceflawyers.com+2law.justia.com+2sinasdramis.com.

• Why this matters: Contractors and defense attorneys can no longer argue that a technicality (e.g., non-cooperation or policy amendment) reduces liability. This decision reinforces plaintiffs’ ability to rely confidently on statutory minimums in settlement demands and litigation.

2. No Blanket COVID-19 Immunity for Medical Providers

In Estate of Jokinen v. Beaumont Hospital–Troy, the Court recently rejected sweeping COVID-19 immunity for medical professionals. Although this case was dismissed from appeals attention with less publicity, its impact is clear:

• Non-COVID-related negligence claims—such as routine wound-care failures—remain actionable even during the pandemic olsmanlaw.com.

• Takeaway: Plaintiffs can still pursue valid medical malpractice claims despite pandemic-era defenses.

3. Parental Waivers for Child Injuries: Still Unenforceable

Recent Court of Appeals decisions reaffirm a longstanding principle: parents cannot sign away their minor children’s right to sue for negligence.

• Relying on precedents like Woodman v. Kera LLC, the appellate court lauded the state's public policy against enforcing pre-injury liability waivers indemnifying parents or guardians apnews.com+3wshblaw.com+3olsmanlaw.com+3millercanfield.com+1apnews.com+1.

• Practical tip: Watch for waiver agreements in recreation or school contexts—they’re likely invalid if they preclude a child’s claim.

Final Thoughts

These three emerging trends collectively strengthen the plaintiff's toolkit:

• Insurance carriers can't evade liability based on technical defects.

• Pandemic defenses don’t shield routine medical negligence.

• Attempts to limit a minor’s rights through parental waivers remain off-limits.