Entries by Smith-Johnson

Saving Auto No-Fault Insurance In Michigan

Last evening, February 2, 2012, a town hall meeting was held in Traverse City, Michigan, about saving auto no-fault insurance in Michigan.  The town hall meeting was sponsored by the Coalition Protecting Auto No-fault (CPAN) and was well attended by members of the greater northern Michigan community, including many health care providers (e.g. , Munson […]

A Bar Is Not Liable For Giving You Your Car Keys When You Are Intoxicated Should You Become Injured Driving Home

           The decedent and two friends went to a bar and were asked to leave after they became visibly intoxicated.  They left without the decedent’s car keys.   A bar employee found the keys and picked the keys up.    When Decedent and her friends discovered they had forgotten her keys, they returned to the bar, still […]

When more than one automobile insurance policy exists in the family household, make sure you submit your no-fault claim to each auto insurer

A young man lived with his parents.  The young man was the titled owner of two motor vehicles.   One vehicle was a truck that he used exclusively for his personal farming business.  The truck was insured by Progressive under a commercial auto policy with the young man being listed as the named insured.  The other […]

Automobile Stop And Search Is Legal Even If Initial Suspicion Of Violation Of Law Proves Wrong

          A police officer noticed a Pontiac Grand Prix swerving inside its lane on I-75.   It was never speeding and it never went outside of the lane markers, but it weaved almost continuously for three miles.  The officer pulled the vehicle over, suspecting intoxication.  Defendant was the passenger and another man was the driver.  The […]

In a PPO Contempt Proceeding, Focus is Only on Defendant’s Behavior Even if Complainant Placed Himself In a Location Where a Confrontation Is Likely To Result

Defendant and her husband were found in contempt of court for violating a personal protection order (PPO) entered against them by Defendant’s sister-in-law (the “complainant”), who was married to Defendant’s brother.  Defendant’s brother had been granted guardianship over Defendant’s 14-year-old son as a result of neglect proceedings involving the boy.  On the day in question, […]

Recovery Denied Under Open and Obvious Danger Plaintiff was injured when she tripped over chipped tiles at the top of the flight of stairs at her rental apartment and fell down the stairs.  The apartment building was owned by the Royal Oak Housing Commission.  She filed suit not against the owner, but against the company […]

Michigan’s New DWI/Sobriety Court Law Give Repeat Offenders New Ability To Get Restricted Licenses

Ever since the changes to Michigan’s drunk driving law in 1999, repeat drunk driving offenders have faced obstacles in getting their licenses back after revocation.  The driver had to go through annual review hearings to try to get their license back, provided they qualify.  Effective January 1, 2011, however, a new law, the DWI/sobriety court […]

Do Not Settle Your Auto Accident Damages Claim Against The At-Fault Driver Without First Getting Written Approval From You Underinsured Motorist Benefit Auto Insurer

A man was involved in a motor vehicle accident and suffered severe bodily injuries.  The man filed a claim for personal injury damages with the at-fault driver’s auto liability insurer.  A settlement was reached for the no-fault statutory minimum coverage of $20,000.00.  MCL 500.3009(1).  Because the injured man’s damages exceeded the policy limits of the […]