Michigan Court Tie Vote Favors Parental Immunity

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.