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Hall v. Claya

Supreme Court of Michigan
May 1, 2009
483 Mich. 985 (Mich. 2009)

Opinion


764 N.W.2d 279 (Mich. 2009) 483 Mich. 985 Molly HALL, Plaintiff-Appellee, v. John C. CLAYA, Defendant-Appellant, and Pontiac School District, Wallace L. Dunn, Jr., and Mildred Mason, Defendants. No. 137162. COA No. 277202. Supreme Court of Michigan. May 1, 2009

         Prior report: 2008 WL 2779882.

         Order

         On order of the Court, the application for leave to appeal the July 17, 2008 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

          MARKMAN, J. ( concurring ).

          I concur with the Court's order denying leave to appeal, but write separately to express considerable sympathy for defendant's position. Defendant finds himself subject to a jury verdict of $9,467 in actual damages and $170,000 in exemplary damages. It is clear to me that defendant's initial actions fell within the scope of his employment and were undertaken in good faith. Indeed, defendant's actions reflected a conscientious public servant determined to prevent the abuse of public monies. Normally, this would warrant a finding that defendant, a public school official, was entitled to governmental immunity. But, viewing the evidence in the light most favorable to plaintiff, as is required in reviewing an appeal from a motion for a directed verdict, Zsigo v. Hurley Med. Ctr., 475 Mich. 215, 220-221, 716 N.W.2d 220 (2006), I can only conclude that defendant's final communication with plaintiff's insurer exaggerated the actual facts as they then existed and that this communication contained unfounded and inaccurate information to the extent that defendant was no longer acting in good faith. Finally, I note that the amount of exemplary damages here seems extraordinarily excessive in light of the actual damages awarded. But, defendant has not raised any claim regarding the propriety or amount of such exemplary damages.


Summaries of

Hall v. Claya

Supreme Court of Michigan
May 1, 2009
483 Mich. 985 (Mich. 2009)
Case details for

Hall v. Claya

Case Details

Full title:Molly HALL, Plaintiff-Appellee, v. John C. CLAYA, Defendant-Appellant, and…

Court:Supreme Court of Michigan

Date published: May 1, 2009

Citations

483 Mich. 985 (Mich. 2009)
483 Mich. 985