Hannay v. Dept. of Transp. (Opinion - Leave Granted)
Annotate this CaseHeather Hannay brought an action against the Department of Transportation (MDOT), seeking damages for injuries she suffered when a salt truck driven by one of MDOT’s employees ran a stop sign and struck her car. After a bench trial, the court awarded Hannay $474,904 in noneconomic damages, $767,076 for work-loss benefits, and $153,872 in expenses for ordinary and necessary services. MDOT appealed, and Hannay cross-appealed. Harold Hunter, Jr., brought an action in the Genesee Circuit Court against David Sisco, Auto Club Insurance Association, and the city of Flint Transportation Department seeking damages for injuries suffered when a dump truck owned by Flint and driven by Sisco sideswiped Hunter’s vehicle. Flint moved for summary judgment. The court denied the motion. Flint appealed. The Court of Appeals in Hannay v. Dep’t of Transp concluded that economic damages are compensable under the motor vehicle exception, while the Court of Appeals in Hunter v. Sisco concluded that noneconomic damages are not compensable under this exception. Upon review of both cases, the Supreme Court concluded that “bodily injury” was a category of harm for which governmental immunity from tort liability was waived under MCL 691.1405 and for which damages that naturally flow were compensable. The Court therefore held that a plaintiff could bring a third-party tort action for economic damages, such as work-loss damages, and noneconomic damages, such as pain and suffering or emotional distress damages, against a governmental entity if the requirements of MCL 500.3135 have been met. In Hannay, the Court concluded that the work-loss damages in dispute were too speculative (plaintiff was in school to become a hygienist, not an actual hygienist at the time of the accident) to support the damages award as presented at trial. The Court affirmed the appellate court in Hannay with respect to the type of damages recoverable for bodily injury under the motor vehicle exception to governmental immunity, but reversed on plaintiff's claim for work-loss damages as a dental hygienist. In Hunter the Court reversed the appellate court with respect to the type of damages recoverable for bodily injury under the motor vehicle exception to governmental immunity. Both cases were remanded for further proceedings in their respective trial courts.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.