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Michigan Court Tie Vote Favors Parental Immunity

By | June 6, 2011

A dispute between a divorced couple over the death of their daughter has created sharp differences at the Michigan Supreme Court about legal immunity for parents.

The justices last week tied on whether to take an appeal in a lawsuit against an Oakland County man who briefly left his 3 1/2-year-old daughter on a beach while he used a bathroom during a party. Daniel Wilson believed other adults were around, but the girl drowned.

Mother and ex-wife Nicole Mickel sued, claiming negligence. Two courts ruled in favor of the father and dismissed the case, noting some parental immunity in Michigan law.

The Supreme Court won’t take an appeal because of a 3-3 tie. A seventh justice disqualified himself because he had heard the case while on the appeals court.

Topics Michigan

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Latest Comments

  • June 8, 2011 at 11:39 am
    Maury Davis says:
    I disagree that there should be a civil case even heard against the father if there was no intent. This is a simple accident. Accidents happen. Sometimes they results in death... read more
  • June 6, 2011 at 9:19 pm
    Sue says:
    Lauren "The child's mother should have every right to file a wrongful death claim against the ex-husband." To what end/prupose? Punish him? No way he is puniahed. He is either... read more
  • June 6, 2011 at 4:09 pm
    Bob says:
    Lauren, the reason it is unethical to put large amounts of life insurance on a child is that it places the child at risk from their own relatives who are supposed to protect t... read more

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