In re Bradley Estate
815 N.W.2d 799
Mich. Ct. App.2012Background
- Nancy Mick, as personal representative of Stephen Bradley's estate, pursues compensatory damages for contempt after KCSD allegedly failed to execute a probate order requiring Bradley's psychiatric evaluation.
- Bradley died by suicide after KCSD failed to execute the pick-up order in August 2004, triggering Mick's wrongful-death action, which was dismissed as barred by governmental immunity.
- Mick filed a probate-court contempt petition seeking damages for KCSD's alleged noncompliance with the order and citing wrongful-death statutes as the measure of damages.
- KCSD moved for summary disposition under MCR 2.116(C)(10), arguing GTLA immunity bars compensatory damages regardless of the contempt posture.
- The probate court denied KCSD's motion, ruling that contempt damages are not tort-based and that governmental immunity does not apply.
- The circuit court reversed, holding that GTLA bars compensatory damages in contempt because the underlying conduct is tort-like and the damages arise from tort liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does GTLA bar compensatory contempt damages here? | Mick argues contempt damages are not tort damages and GTLA does not apply. | KCSD contends GTLA immunity bars any damages linked to tort-like conduct. | GTLA does not bar contempt damages; contempt action can recover tort-like damages if proven. |
Key Cases Cited
- Tate v Grand Rapids, 256 Mich App 656 (Mich App 2003) (GTLA immunity bars tort claims; analysis extended to underlying tort-like conduct)
- Ross v Consumers Power Co. (On Rehearing), 420 Mich 567 (Mich 1984) (non-tort theories cannot be used to bypass GTLA if underlying facts could support tort claim)