Court summarily dismisses woman's injury claim as government immune and not responsible for "emotional or psychological damages"
Mildred Conley sued the Charter Township of Brownstown, arguing that she suffered injuries and severe psychological damage as the result of police officer Edward Moise's negligent operation of his police cruiser while chasing a speeding motorist. The trial court rejected the Township's claim that it was immune from liability to compensate Conley for her psychological or emotional damages, because by statute it was responsible only for "bodily injury." The trial judge laughed off this purported distinction and the Township appealed.
The Court of Appeals panel agreed with the Township and reversed the trial court. The higher court judges held that the trial judge should have granted summary disposition to the defendant, based on recent Michigan Court decisions (2008 and 2013) that provide greater immunity to government by "strictly interpreting" the phrase "bodily injury." The decisions relied upon would deny to any injury victim any compensation for pain and suffering or emotional injury, regardless of the severity of injury or the culpability of the governmental actor's conduct. This, is Republican "justice."